HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Health Professions Act (Commencement) Order
Health Professions (General) Regulations
Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
Paragraph
2. Commencement of Act No. 24 of 2009
SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009
The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS
[Section 77]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
REGISTRATION OF HEALTH PRACTITIONERS
3. Application for registration as health practitioner
4. Approval or rejection of application
5. Qualifications for registration as health practitioner
6. Application for practicing certificate
7. Notification of change of particulars
8. Notification of suspension or cancellation of registration
10. Duplicate certificate of registration
PART III
APPROVAL OF TRAINING PROGRAMMES
12. Application for approval of training programme
13. Approval or rejection of training programme
14. Withdrawal of approval of training programme
PART IV
LICENSING OF HEALTH FACILITIES
16. Approval or rejection of application
17. Variation of terms and conditions of licence
19. Application for renewal of licence
20. Suspension or cancellation of licence
21. Notification of violation of terms and conditions of licence
PART V
ACCREDITATION OF HEALTH CARE SERVICES
22. Application for accreditation of health care services
23. Approval or rejection of accreditation
24. Renewal of accreditation of health care services
25. Notification of violation of accreditation of health care services
26. Withdrawal of accreditation of health care services
27. Uniforms, badges, etc. for registered persons
PART VI
GENERAL PROVISIONS
31. Revocation of statutory instruments issued under Medical and Allied Professions Act
SI 95 of 2012,
SI 27 of 2018.
PART I
PRELIMINARY
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"”
"Council" means the Health Professions Council of Zambia;
"consulting room" means a room used by a health practitioner for consulting and diagnosis;
"Guidelines" means the Guidelines issued by the Council under section 76 of the Act;
"health practitioner" has the meaning assigned to it in the Act;
"licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly;
"Register" means the Register provided for in section 27 of the Act;
"Registrar" means the person appointed as Registrar in section 5 of the Act; and
"student" means a person undergoing a training approved by the Council.
PART II
REGISTRATION OF HEALTH PRACTITIONERS
3. Application for registration as health practitioner
A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application
(1) The Council shall, within 30 days of the receipt of an application under regulation 3"”
(a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or
(b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations.
(2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule.
(3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
(4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner
The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate
(1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule.
(2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars
A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration
(1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule.
(2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"”
(a) the health practitioner is convicted of an offence under any law;
(b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact;
(c) the certificate of registration or the practising certificate of the health practitioner is cancelled;
(d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics;
(e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained;
(f) the period for which the registration of the health practitioner was issued has lapsed; or
(g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration
An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule.
(2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
APPROVAL OF TRAINING PROGRAMMES
12. Application for approval of training programme
(1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule.
(2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme
(1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations.
(2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines.
(3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule.
(4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines.
(5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
(6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme
(1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule.
(2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
LICENSING OF HEALTH FACILITIES
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule.
(2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application
(1) The Council shall, within 30 days of the receipt of an application under regulation 15"”
(a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or
(b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations.
(2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule.
(3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence
An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence
(1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule.
(2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities.
(3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence
(1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule.
(2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence
The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
ACCREDITATION OF HEALTH CARE SERVICES
22. Application for accreditation of health care services
(1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule.
(2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation
(1) The Council shall, within 30 days of the receipt of an application under regulation 22"”
(a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or
(b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service.
(2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule.
(3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services
(1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule.
(2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services
The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services
(1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule.
(2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons
(1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein.
(2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered.
(3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
GENERAL PROVISIONS
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside.
(2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act
The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I
[Regulation 3]
(To be completed in triplicate)
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR REGISTRATION AS A HEALTH PRACTITIONER |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Names of Applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card "” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Category of registration
Full
Provisional
Temporary
Limited
Specialist
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
|||
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
|||
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Information Required |
Information Provided |
||
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
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...............
.........
...............
..............
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.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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............... |
................. |
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.............. |
................. |
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............... |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
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Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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............. |
............... |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
|
........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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|
Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
|
...................................... |
Form VII
[Regulation 7]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTIFICATION OF CHANGES IN PARTICULARS |
|
(Section 13 of the Health Professions Act, No. 24 of 2009) |
|
To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be *suspended/cancelled, and to take action to remedy the breaches set out in paragraphs ........... (above) within (3) ......................... days of receiving this notice. Failure to remedy the said breaches shall result in the HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
|
NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
|||
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
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...............
.........
...............
..............
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.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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............... |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
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Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
|||
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
|||
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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..............
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
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...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
|
...................................... |
Form VII
[Regulation 7]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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......................................................................................................... |
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|
......................................................................................................... |
|
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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|
(a) .................................................................................................... |
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|
(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be *suspended/cancelled, and to take action to remedy the breaches set out in paragraphs ........... (above) within (3) ......................... days of receiving this notice. Failure to remedy the said breaches shall result in the *Delete as appropriate')">*suspension/cancellation of your registration/practising certificate/licence/accreditation. |
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Dated this .............. day of .......................... 20......... |
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.......................................... |
Form IX
[Regulations 8(2) and 20(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
|
NOTICE OF SUSPENSION/CANCELLATION OF REGISTRATION/PRACTISING CERTIFICATE/LICENCE |
|
(Sections 14 and 19 of the Health Professions Act, No. 24 of 2009) |
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(1) Here insert the full names and address of holder of certificate of registration/ practising certificate/ licence {mprestriction ids="2,3,5"} |
To (1) .......................................................................................................... |
|
................................................................................................................... |
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|
................................................................................................................... |
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IN THE MATTER OF (2) ................................ you are hereby notified that your registration/practising certificate/licence ........................... has been suspended for a period of ........................../cancelled on the following grounds: |
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(2) Here insert the reference No. of the certificate of registration/ practising certificate/ licence |
(a) .............................................................................................................. |
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(b) .............................................................................................................. |
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(c) .............................................................................................................. |
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(d) ............................................................................................................. |
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Dated this ..................... day of .......................... 20......... |
|
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.......................................... |
Form X
[Regulation 10]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR DUPLICATE CERTIFICATE OF REGISTRATION |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
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Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
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(a) Surname |
|||
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(b) Forename(s) |
|||
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2 |
(a) Nationality |
||
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(b) Identity card"” |
|||
|
National Registration |
|||
|
-Passport No. |
|||
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3 |
Notification address |
||
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Plot No. |
|||
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Tel |
|||
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Fax |
|||
|
|
|||
|
4 |
Category of registration
Full
Provisional
Temporary
Limited
Specialist
...............
...............
...............
............
..............
...............
..............
...............
............
..............
5
Certificates currently held by applicant in Zambia, If any, under the Health Professions Act, 2009
Certificate No. and Type
Location
6
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ........................................................................................................
Nature of offence .............................................................................................................
Date of conviction ...........................................................................................................
Sentence ........................................................................................................................
7
Appendices
Attach affidavit
|
..................................... |
................................ |
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FOR OFFICIAL USE ONLY |
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Received by: ................................... |
RECEIPT NO. |
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Date received .................................................... |
|
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Amount received ............................................... |
STAMP |
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Serial No. of application: ................................... |
Form XI
[Regulation 11(1)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR CERTIFICATE OF STATUS |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
(a) Surname |
|||
|
(b) Forename(s) |
|||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
National Registration |
|||
|
-Passport No. |
|||
|
3 |
Address |
||
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Tel |
|||
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Fax |
|||
|
|
|||
|
State information sought |
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......................................... |
................................ |
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FOR OFFICIAL USE ONLY |
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Received by: ..................................... |
RECEIPT NO. |
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Date received ...................................................... |
|
|
Amount received ................................................. |
STAMP |
|
Serial No. of application ....................................... |
Form XII
[Regulation 11(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Certificate No. ................... |
|
CERTIFICATE OF STATUS |
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(Section 26 of the Health Professions Act, No. 24 of 2009) |
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This is to certify that ........................................................... (state name of practitioner) is a registered health practitioner with the Health Professions Council of Zambia |
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His/Her Registration No. is .................................. |
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Field of Practice ........................................................................................................................... |
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Issued at ........................... this .................. day of ......................... 20........ |
|
.................................. |
Form XIII
[Regulation 12(1)]
(To be completed in triplicate)
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
5
|
APPLICATION FOR APPROVAL OF TRAINING PROGRAMME |
|||||||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|||||
|
Date/Time |
|||||||
|
Information Required |
Information Provided |
||||||
|
1 |
Name(s) of applicant |
||||||
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(State whether individual, company, firm or institution) |
|||||||
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(b) Name of training institution |
|||||||
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2 |
(a) Nationality |
||||||
|
(b) Identity card"” |
|||||||
|
National Registration |
|||||||
|
-Passport No. |
|||||||
|
Certificate of |
|||||||
|
3 |
Notification address |
||||||
|
Tel |
|||||||
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Fax |
|||||||
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|
|||||||
|
4 |
Type and level of training programme |
||||||
|
Period of training |
|||||||
|
6 |
Staff establishment |
||||||
|
(a) Number of academic staff |
|||||||
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(b) Number of supporting staff |
|||||||
|
7 |
Premises at which training is to be provided |
||||||
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(Attach certified copy of proof of ownership of premises or if premises are leased, copy of tenancy agreement) |
|||||||
|
8 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia |
||||||
Certificate No.
Location
(attach certificate copies)
9
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
10
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ......................................................................................................
Nature of offence ...........................................................................................................
Date of conviction ..........................................................................................................
11
Have you ever applied for approval of a training programme under the Health Professions Act, 2009?
If yes, please give details below:
Application No.
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">* If application was rejected, give reasons for rejection:
12
Appendices
Copy of certificate of registration under relevant law in Zambia
Copy of self-evaluation accreditation report of the training institution which should include the following:
(a) education programme, which should include the syllabus and curriculum, course of study, teaching and assessment methods and an educational programme evaluation;
(b) academic policy;
(c) admission policy which should include standards and procedure for assessment, discipline and appeal;
(d) supervision policy, in the case of internship, which should ensure a safe clinical environment for patients and a safe learning environment for interns;
(e) the level and name of the award to be attained on successful completion of the course or level of education;
(f) recruitment policy;
(g) the actual number and qualification of academic and support staff; and
(h) training programme evaluation.
Copy of necessary approval by relevant local authority
Copies of curriculum vitae of teaching staff to be employed at the training institution
|
....................................... |
................................ |
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FOR OFFICIAL USE ONLY |
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Received by ................................. |
RECEIPT NO. |
|
Date received .................................................... |
|
|
Amount received ............................................... |
STAMP |
|
Serial No. of application .................................... |
Form XIV
[Regulation 13(3)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Approval No. ...................... |
|
APPROVAL OF TRAINING PROGRAMME |
|
(Section 33(2) of the Health Professions Act, No. 24 of 2009) |
|
This is to certify that approval is granted to .......................................................... (state name of training institution) whose physical address is at .......................................... to offer .............................. (state name of programme) for a period of ...................... from the ................. day of ................... 20......... |
|
The conditions of grant/review of the approval are as shown in the Annexures attached hereto. |
|
Issued at ........................ this ............... day of ..................... 20........ |
|
............................ |
|
ENDORSEMENT OF REGISTRATION |
|
This Registration has this ............... day of ........................., 20.......... been entered in the Register. |
|
..................................... |
REVIEWS
Date of review
Details of review
Decision of Council
Signature of Registrar and official stamp
Form XV
[Regulation 14(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
WITHDRAWAL OF APPROVAL OF TRAINING PROGRAMME |
|
(Section 34 of the Health Professions Act, No. 24 of 2009) |
|
(1) Here insert the full names and address of holder of approval |
To (1) ................................................................................................................. |
|
.......................................................................................................................... |
|
|
.......................................................................................................................... |
|
|
IN THE MATTER OF (2) ................................................................. you are hereby notified that the Council has withdrawn your approval on the following grounds: |
|
|
(2) Here insert the reference No. of the approval |
|
|
(a) ..................................................................................................................... |
|
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(3) Signature of Registrar |
(b) ..................................................................................................................... |
|
(c) ..................................................................................................................... |
|
|
(d) ..................................................................................................................... |
|
|
Dated this ............... day of ..................... 20........ |
|
|
(3) ................................ |
Form XVI
[Regulation 15(1)]
(To be completed in triplicate)
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR LICENCE TO OPERATE A HEALTH FACILITY |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Licence Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
- National Registration |
|||
|
- Passport No. |
|||
|
Certificate of |
|||
|
3 |
Notification address |
||
|
Plot No. |
|||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
4 |
Details of registration of health practitioners at health facility
Full
Provisional
Temporary
Limited
Specialist
.............
...............
.................
.............
...............
.............
..............
.................
.............
...............
5
Class, level and nature of services to be provided at health facility
6
Location of health facility (Attach certified copy of proof of ownership of premises or if premises are leased, copy of tenancy agreement)
7
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
8
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for a licence for a health facility under the Health Professions Act, 2009?
If yes, please give details below:
Licence applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendices
Health inspection report under the Public Health Act
Fire certificate
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XVII
[Regulation 16(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Licence No. ................ |
|
LICENCE TO OPERATE HEALTH FACILITY |
|
(Section 38 of the Health Professions Act, No. 24 of 2009) |
|
Holder"™s name ................................................................................................................................ |
|
Address ........................................................................................................................................ |
|
.................................................................................................................................................... |
|
Class .......................................................................................................................................... |
|
.................................................................................................................................................... |
|
.................................................................................................................................................... |
|
This Licence is valid from the .......... day of ............ 20....... to the .......... day of .................. 20...... |
|
The conditions of the Licence are as shown in the Annexures attached hereto. |
|
Issued at ........................ this ............. day of ...................... 20......... |
|
........................... |
|
ENDORSEMENT OF REGISTRATION |
|
This Licence has this ............ day of ........................., 20........ been entered in the Register. |
|
..................................... |
Form XVIII
[Regulation 17]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR VARIATION OF TERMS/CONDITIONS OF LICENCE |
|||
|
Licence No. |
Shaded fields for official use only |
||
Licence Code
Date and Time
Information Required
Information Provided
1
Holder of licence
2
Expiry date
3
(a) Name(s) of applicant
(b) Type of applicant
Individual
Partnership
Company
Partnership
NGO
(c) Business address
4
Proposed amendments
(a)
(b)
(c)
(d)
(e)
(f)
5
Appendices
Appendix No. 1
Justifications for proposed amendments
Appendix No. 2
Record of meeting and resolutions
Receipt number
Name:
Signature of applicant (individual or authorised company representative):
To be signed by authorised officer
STAMP
Name
Signature of officer
Form XIX
[Regulation 18]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF INTENTION TO SURRENDER LICENCE |
|
(Section 42 of the Health Professions Act, No. 24 of 2009) |
|
To the Council: |
|
|
(1) Here insert the full names and address of licensee |
(1) ..................................................................................................................... |
|
.......................................................................................................................... |
|
|
(2) Here insert the licence No. of the licence to be surrendered |
IN THE MATTER OF (2) ................... I hereby notify your office that I intend to surrender my licence on the ............... day of ...... 20.. for the following reasons: |
|
(a) ..................................................................................................................... |
|
|
(3) Signature of licensee |
(b) ..................................................................................................................... |
|
(c) ..................................................................................................................... |
|
|
(d) ..................................................................................................................... |
|
|
Dated this ............. day of ...................... 20........ |
|
|
(3) ...................................... |
|
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ......................... Date received: ............................... |
|
|
Signature: |
|
|
STAMP |
Form XX
[Regulation 19]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR RENEWAL OF LICENCE |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Licence Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
Licence No. |
||
|
3 |
Notification address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
Class of licence |
|||
|
5 |
Type of certificates held by health practitioners at health facility
(State Certificate No.)
Provisional
Temporary
Limited
Specialist
Other
.................
...............
............
.............
............
.................
..............
............
.............
............
6
Scope, level and nature of services provided
7
Location of health facility
8
Certificates currently held by the applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for a licence under the Health Professions Act, 2009?
If yes, please give details below:
Licence applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendices
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XXI
[Regulations 21 and 25]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF VIOLATION OF TERMS AND CONDITIONS OF LICENCE UNDER |
|
(1) Here insert the full names and address of licensee |
To (1) .............................................................................................................. |
|
IN THE MATTER OF (2) ................................... you are hereby notified that you are in contravention of the terms and conditions of your licence/accreditation of health care services and the Health Professions Act, No. 24 of 2009. Consequently, you are hereby directed to take the following action(s) within (3) ....... days: |
|
|
(2) Here insert the licence No. appearing on the licence issued in respect of the health facility |
(a) ............................................................................................................... |
|
(b) ............................................................................................................... |
|
|
(c) ............................................................................................................... |
|
|
You are further directed to submit a written plan of correction of the violation indicating the dates by which you shall take corrective action. |
|
|
(3) Here state number of days |
Dated this ............. day of .......................... 20....... |
|
(4) Signature of Registrar |
(4) .................................... |
Form XXII
[Regulation 22(1)]
(To be completed in triplicate)
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR ACCREDITATION OF HEALTH CARE SERVICES |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
- National Registration |
|||
|
- Passport No. |
|||
|
Licence No. |
|||
|
3 |
Notification address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
4 |
Details of registration of health practitioners at health facility
Full
Provisional
Temporary
Limited
Specialist
.............
...............
.................
.............
...............
.............
..............
.................
.............
...............
5
Treatment or services to be provided at health facility
6
Location of health facility
7
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
8
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for accreditation of health care services under the Health Professions Act, 2009?
If yes, please give details below:
Accreditation No.
Location of health facility
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendix
Copy of self-assessment report which should state"”
(a) human resource capacity and continuous professional development;
(b) the standard operating procedures and quality assurance systems;
(c) the level of health care and clinical care services;
(d) the type of equipment, medical and surgical supplies;
(e) the laboratory capacity;
(f) data capturing, monitoring and evaluation and pharmaceutical logistics management information systems; and
(g) infection prevention and health care waste management.
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XXIII
[Regulation 23(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Accreditation No. ...................... |
|
FULL ACCREDITATION/PROVISIONAL ACCREDITATION |
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(Section 33(2) of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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This accreditation is granted for a period of .... from the .........day of .............. 20... in respect of the following training programme: |
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The conditions of grant of the accreditation are as shown in the Annexures attached hereto. |
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Issued at .......... this .... day of ........ 20......... |
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ENDORSEMENT OF ACCREDITATION |
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This accreditation has this ................. day of .........................., 20...... been entered in the Register. |
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............................................. |
Form XXIV
[Regulation 24]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR RENEWAL OF ACCREDITATION OF HEALTH CARE SERVICES |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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2 |
Accreditation No. |
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3 |
Notification address |
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Tel |
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Fax |
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Type of health care service |
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5 |
Type of certificate held by applicant
(State Certificate No.)
Provisional
Temporary
Limited
Specialist
other
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............
.............
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.................
..............
............
.............
............
6
Accreditations currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Accreditation No. and Type
Location
7
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
8
Have you ever applied for a certificate of registration or accreditation of health care services under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendix
Attach copy of current accreditation
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....................................... |
.................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ................................... |
RECEIPT NO. |
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Date received ..................................................... |
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Amount received ................................................ |
STAMP |
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Serial No. of application ..................................... |
Form XXV
[Regulation 26(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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WITHDRAWAL OF ACCREDITATION OF HEALTH CARE SERVICE |
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(1) Here insert the full names and address of holder of accreditation |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ........................................................................... you are hereby notified that your accreditation has been withdrawn on the following grounds: |
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(2) Here insert the reference No. of the accreditation |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(3) Signature of Registrar |
(d) ..................................................................................................................... |
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Dated this ............... day of ........................ 20........ |
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(3) ...................................... |
Form XXVI
[Regulation 28]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF APPEAL TO THE MINISTER |
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(Section 29 of the Health Professions Act, 2009) |
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IN THE MATTER OF ................................................................ I hereby |
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(Application reference and matter of appeal) |
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give notice of appeal against the decision of the Council on the following grounds: |
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(a) ................................................................................................................................. |
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(b) ................................................................................................................................. |
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(c) ................................................................................................................................. |
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(d) ................................................................................................................................. |
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Dated this ............... day of ............................. 20...... |
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...................................... HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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..............
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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......................................................................................................... |
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......................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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............... |
................. |
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.............. |
................. |
............. |
............... |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR PRACTISING CERTIFICATE |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
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(a) Surname |
|||
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(b) Forename(s) |
|||
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2 |
(a) Nationality |
||
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(b) Identity card"” |
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National Registration |
|||
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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|
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
|
(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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......................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be *suspended/cancelled, and to take action to remedy the breaches set out in paragraphs ........... (above) within (3) ......................... days of receiving this notice. Failure to remedy the said breaches shall result in the HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR PRACTISING CERTIFICATE |
|||
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Please complete in block letters |
Shaded fields for official use only |
Code |
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|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
|
...................................... |
Form VII
[Regulation 7]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTIFICATION OF CHANGES IN PARTICULARS |
|
(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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.............. |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
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...............
.........
...............
..............
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.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(a) .................................................................................................... |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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................................... |
................................... |
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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.......................................... |
Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR PRACTISING CERTIFICATE |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
|||
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
|
........................................ |
................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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..................................................................................................................................................... |
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..................................................................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
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................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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................................ |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
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Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
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Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
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Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
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Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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Continuous professional development undertaken since last registration
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Name of employer
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Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
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Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
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(2) Here insert the registration/ licence/ accreditation No. |
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(b) .................................................................................................... |
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(3) Here insert the number of days stipulated |
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(d) ................................................................................................... |
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(4) Signature of Registrar |
Accordingly, you are requested to show cause why your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
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6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
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...............
.........
...............
..............
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.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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................................. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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...................................... |
Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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............... |
................. |
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.............. |
................. |
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............... |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
........................................
Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
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5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
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.........
6
Continuous professional development undertaken since last registration
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Name of employer
8
Address of employer
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Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
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Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
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FOR OFFICIAL USE ONLY |
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Received by: ............................... |
RECEIPT NO. |
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Date received ................................................... |
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Amount received .............................................. |
STAMP |
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Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. .................... |
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PRACTISING CERTIFICATE |
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(Section 8 of the Health Professions Act, No. 24 of 2009) |
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Holder"™s name ................................................................................................................................ |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
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The conditions of the Certificate are as shown in the Annexures attached hereto. |
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Issued at ......................... this ............ day of ......................... 20........... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this ................ day of ............................, 20........... been entered in the Register. |
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Form VII
[Regulation 7]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTIFICATION OF CHANGES IN PARTICULARS |
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(Section 13 of the Health Professions Act, No. 24 of 2009) |
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To the Registrar: |
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Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
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The reason for the changes is ......................................................................................................... |
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Dated at ................... this ................. day of .......................... 20.......... |
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Signed: .............................. Name: .................................... |
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Certificate No. .......................................................... |
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Address: ................................................................. |
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Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
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(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
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IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION Health Professions Act (Commencement) Order Health Professions (General) Regulations Health Professions (Disciplinary Proceedings) Rules
HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER [Section 1] Arrangement of Paragraphs Paragraph 2. Commencement of Act No. 24 of 2009 SI 36 of 2010.
This Order may be cited as the Health Professions Act (Commencement) Order, 2010.
2. Commencement of Act No. 24 of 2009 The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.
HEALTH PROFESSIONS (GENERAL) REGULATIONS [Section 77] Arrangement of Regulations Regulation PART I PART II 3. Application for registration as health practitioner 4. Approval or rejection of application 5. Qualifications for registration as health practitioner 6. Application for practicing certificate 7. Notification of change of particulars 8. Notification of suspension or cancellation of registration 10. Duplicate certificate of registration PART III 12. Application for approval of training programme 13. Approval or rejection of training programme 14. Withdrawal of approval of training programme PART IV 16. Approval or rejection of application 17. Variation of terms and conditions of licence 19. Application for renewal of licence 20. Suspension or cancellation of licence 21. Notification of violation of terms and conditions of licence PART V 22. Application for accreditation of health care services 23. Approval or rejection of accreditation 24. Renewal of accreditation of health care services 25. Notification of violation of accreditation of health care services 26. Withdrawal of accreditation of health care services 27. Uniforms, badges, etc. for registered persons PART VI 31. Revocation of statutory instruments issued under Medical and Allied Professions Act SI 95 of 2012, SI 27 of 2018.
PART I
These Regulations may be cited as the Health Professions (General) Regulations, 2012.
In these Regulations, unless the context otherwise requires"” "Council" means the Health Professions Council of Zambia; "consulting room" means a room used by a health practitioner for consulting and diagnosis; "Guidelines" means the Guidelines issued by the Council under section 76 of the Act; "health practitioner" has the meaning assigned to it in the Act; "licence" means the licence issued to a health facility, and "licensee" shall be construed accordingly; "Register" means the Register provided for in section 27 of the Act; "Registrar" means the person appointed as Registrar in section 5 of the Act; and "student" means a person undergoing a training approved by the Council.
PART II
3. Application for registration as health practitioner A person shall apply to the Council for registration as a health practitioner in Form I set out in the First Schedule.
4. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 3"” (a) approve the application, if the applicant meets the requirements of the Act and these Regulations; or (b) reject the application, if the applicant does not meet the requirements of the Act and these Regulations. (2) The Council shall, where it approves an application for registration, issue a certificate in Form II set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (4) The Council shall, where it requires information in relation to an application, notify the applicant in Form IV set out in the First Schedule.
5. Qualifications for registration as health practitioner The qualifications specified in the Second Schedule are prescribed for purposes of registration as a health practitioner.
6. Application for practising certificate (1) A person shall apply to the Council for a practising certificate in Form V set out in the First Schedule. (2) A practising certificate shall be in Form VI set out in the First Schedule.
7. Notification of change of particulars A person registered under the Act shall notify the Registrar of any change in that person"™s registered particulars in Form VII set out in the First Schedule.
8. Notification of suspension or cancellation of registration (1) The Council shall, before suspending or cancelling any registration or a practising certificate under the Act, inform the holder of its intention to suspend or cancel the registration or practising certificate in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of the registration or practising certificate shall be in Form IX set out in the First Schedule.
The Council shall remove a health practitioner from the Register if"” (a) the health practitioner is convicted of an offence under any law; (b) the Council has reasonable grounds to believe that the registration was obtained through fraud, misrepresentation or concealment of any material fact; (c) the certificate of registration or the practising certificate of the health practitioner is cancelled; (d) the health practitioner is found guilty of professional misconduct under the Act or the Code of Ethics; (e) the health practitioner has ceased to be employed by, or to practice at, a health facility for which the registration was obtained; (f) the period for which the registration of the health practitioner was issued has lapsed; or (g) since the registration, circumstances have arisen disqualifying the health practitioner from registration.
10. Duplicate certificate of registration An application for a duplicate certificate of registration shall be in Form X set out in the First Schedule.
(1) An application for a certificate of status shall be in Form XI set out in the First Schedule. (2) A certificate of status shall be in Form XII set out in the First Schedule.
PART III
12. Application for approval of training programme (1) A person shall apply to the Council for the approval of a training programme in Form XIII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
13. Approval or rejection of training programme (1) The Council shall, within 30 days of the receipt of an application under regulation 12, approve the training programme if the applicant meets the requirements of the Guidelines, the Act and the Third Schedule to these Regulations. (2) An internship hospital or facilities shall have deliberate governance structures, policies, programmes and physical facilities specifically dedicated to supporting internship training, supervision and the welfare of interns as specified in the Guidelines. (3) The approval of a training programme referred to in sub-regulation (1) shall be in Form XIV set out in the First Schedule. (4) The Council shall not accredit an internship hospital or facility before an inspection of the internship hospital or facility is undertaken by an evaluation team convened by the Council and in accordance with the procedure for accreditation of internship hospitals or facilities as specified in the Guidelines. (5) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule. (6) The Council shall, where it reviews a training programme, including the performance of the graduates of the training programme, in accordance with section 34 of the Act, make an endorsement of the review on the approval.
14. Withdrawal of approval of training programme (1) The Council shall, before suspending or cancelling the approval of a training programme, inform the holder of its intention to suspend or cancel the approval in Form VIII set out in the First Schedule. (2) The Council shall withdraw the approval of a training programme in Form XV set out in the First Schedule.
PART IV
(1) A person who intends to operate a health facility shall apply to the Council for a licence in Form XVI set out in the First Schedule. (2) A request for further particulars in respect of an application under this Part shall be in Form IV set out in the First Schedule.
16. Approval or rejection of application (1) The Council shall, within 30 days of the receipt of an application under regulation 15"” (a) approve the application, if the application meets the requirements of the Guidelines, the Act and the Fourth Schedule; or (b) reject the application, if the application does not meet the requirements of the Guidelines, the Act or these Regulations. (2) The Council shall, where it approves an application for a licence, issue a licence in Form XVII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
17. Variation of terms and conditions of licence An application for the variation of the terms and conditions of a licence shall be in Form XVIII set out in the First Schedule.
A licensee who decides not to continue operating a health facility shall surrender the licence with Form XIX set out in the First Schedule.
19. Application for renewal of licence (1) An application for the renewal of a licence shall be in Form XX set out in the First Schedule. (2) The Council shall refuse to renew the licence of a health facility if minimum acceptable scores are not attained for each of the applicable requirements stated in the Guidelines for the various classes of health facilities. (3) The Council shall, where it rejects an application for the renewal of a licence, inform the applicant of the rejection in Form III set out in the First Schedule.
20. Suspension or cancellation of licence (1) The Council shall, before suspending or cancelling any licence under the Act, inform the holder of its intention to suspend or cancel the licence in Form VIII set out in the First Schedule. (2) A notification of the suspension or cancellation of a licence shall be in Form IX set out in the First Schedule.
21. Notification of violation of terms and conditions of licence The Council shall, where it receives an inspection report that a health facility has breached the terms and conditions of the licence, the Guidelines or is offering services in excess of those permitted under its licence, issue a notice to the health facility in Form XXI set out in the First Schedule.
PART V
22. Application for accreditation of health care services (1) A person shall apply to the Council for the accreditation of health care services in Form XXII set out in the First Schedule. (2) A request for further particulars in respect of an application shall be in Form IV set out in the First Schedule.
23. Approval or rejection of accreditation (1) The Council shall, within 30 days of the receipt of an application under regulation 22"” (a) grant the applicant full accreditation of the health care services in respect of which the application is made if the applicant meets the requirements of the Guidelines, the Act and these Regulations; or (b) grant the applicant provisional accreditation if the applicant demonstrates progress towards full accreditation and is able to provide the accredited service. (2) The accreditation of health care services referred to in sub-regulation (1) shall be in Form XXIII set out in the First Schedule. (3) The Council shall, where it rejects an application under this Part, inform the applicant of the rejection in Form III set out in the First Schedule.
24. Renewal of accreditation of health care services (1) A person shall apply for the renewal of the accreditation of health care services in Form XXIV set out in the First Schedule. (2) The Council shall, where it grants an application for the renewal of the accreditation of health care services, endorse the renewal on the accreditation.
25. Notification of violation of accreditation of health care services The Council shall notify a health facility of the violation of its accreditation of health care services in Form XXI set out in the First Schedule.
26. Withdrawal of accreditation of health care services (1) The Council shall, where a health facility contravenes the provisions of the Guidelines, the Act or these Regulations or the terms and conditions of the accreditation of health care services, notify the health facility of its intention to withdraw the accreditation in Form VIII set out in the First Schedule. (2) A withdrawal of accreditation shall be in Form XXV set out in the First Schedule.
27. Uniforms, badges, etc., for registered persons (1) The uniform, badges or tokens specified in the Guidelines shall be the uniforms, badges or tokens to be worn or used by the classes of persons specified therein. (2) A person who is not registered under the Act shall not wear any prescribed uniform or badge or token indicating or calculated to lead persons to infer that that person is registered. (3) A person who operates a health facility or who is in charge of any medical or health institution which employs or to which are seconded registrable medical or paramedical personnel, shall ensure that registered practitioners at that health facility wear their prescribed uniform, badge or token.
PART VI
A person aggrieved with the decision of the Council may appeal to the Minister in Form XXVI set out in the First Schedule.
(1) The Register shall be kept in the form of a looseleaf volume, one page of which shall be set aside for the entries relating to each registered person and any alteration in the registered particulars relating to that person shall be endorsed by the Registrar on the page so set aside. (2) Where the name of a person is erased from the Register, the Registrar shall, after endorsing on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made, remove the page from the Register and retain it in a separate file.
The fees prescribed in the Fifth Schedule shall be payable in respect of the matters stated therein.
31. Revocation of statutory instruments issued under Medical and Allied Professions Act The statutory instruments listed in the Sixth Schedule are hereby revoked.
[Regulations 3, 4, 7, 8, 10, 11, 12, 13, 14(2), 14(3), 15, 16(2), 16(3), 17, 18, 19(1), 19(3), 20, 21, 22, 23(2), 23(3), 24(1), 25 and 28]
Form I [Regulation 3] (To be completed in triplicate)
Category of registration |
Full |
Provisional |
Temporary |
Limited |
Specialist |
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5 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
6
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
7
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify
Nature of offence: ........................................................................................................
Date of conviction: .....................................................................................................
Sentence: .................................................................................................................
8
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of Practice
Date of application
Status of application (Granted, rejected or pending)*
* If application was rejected, give reasons for rejection:
9
Appendices (copies of relevant degrees, diplomas, certificates)
Category of Registration
Requirements
Provisional Registration
Qualification from a training institution recognised by the Council (should include internship)
Copy of temporary certificate of registration
Copy of relevant qualification obtained outside Zambia (should include internship)
Temporary Registration
Copy of assessment examination recognised by the Health Professions Council of Zambia
Copy of certificate of good standing from relevant professional body outside Zambia
Proof of proficiency in/knowledge of English language
If applicant will be in Government Service, copy of relevant agreement/appointment letter
If applicant will serve at the request of a health facility licensed in Zambia, copy of relevant agreement/letter
Registration for Limited Period
Copy of relevant qualifications obtained outside Zambia
Copy of letter of appointment from licensed health facility in Zambia
Copy of equivalent registration obtained under Health Professions legislation in country of origin of applicant
Copy of certificate of good standing from relevant professional body outside Zambia
Specialist Registration
Copy of post-graduate qualification approved by Health Professions Council of Zambia
Proof of two years of post qualifying experience in relevant field
Copy of medical examination
Two passport photos
STATUTORY DECLARATION
I ................................................. do solemnly declare as follows:
(a) that the information provided in this Form is correct and true;
(b) that I have never been debarred from practising my profession on the ground of professional misconduct;
(c) that my name has never been removed from the Register kept in accordance with the laws of any country in which I have practiced my profession; and
(d) no inquiry is pending which may result in the action referred to in paragraphs (b) and (c); and I make this solemn declaration conscientiously believing the same to be true to the best of my knowledge and belief.
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Signature
Declared at .................. this .............. day of ............................. 20........ before me .......................................... Commissioner of Oaths/Notary Public
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FOR OFFICIAL USE ONLY |
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Received by .................................... |
RECEIPT NO. |
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Date Received ............................... |
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Amount Received .......................... |
STAMP |
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Serial No. of application ..................................... |
Form II
[Regulation 4(2)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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Registration No. ................... |
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FULL/PROVISIONAL/TEMPORARY/LIMITED/SPECIALIST REGISTRATION |
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(Sections 8, 9, 10, 11 and 12 of the Health Professions Act, No. 22 of 2009) |
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Holder"™s name ............................................................................................................................... |
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Address ........................................................................................................................................ |
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Health profession .......................................................................................................................... |
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.................................................................................................................................................... |
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This Registration is for a period of .......................... from the .................... day of ............. 20....... |
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The conditions of the Registration are as shown in the Annexures attached hereto. |
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Issued at ........................... this ................. day of ..................... 20......... |
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...................................... |
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ENDORSEMENT OF REGISTRATION |
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This Registration has this .................. day of ......................., 20.......... been entered in the Register. |
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...................................... |
Form III
[Regulation 4(3)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................................. |
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.......................................................................................................................... |
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IN THE MATTER OF (2) ....................................... you are hereby notified that your application for (3) ........................................................... has been rejected on the following grounds: |
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(2) Here insert the reference No. of the application |
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(a) ..................................................................................................................... |
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(3) Here insert type of application |
(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this ............... day of ............................. 20........ |
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Form IV
[Regulation 4(4)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
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REQUEST FOR FURTHER PARTICULARS/INFORMATION |
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(1) Here insert the full names and address of applicant |
To: (1) ................................................................................................................. |
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.......................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................................................... you are hereby requested to furnish the following information or documents in respect of your application for .................................................................................................. |
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(3) Signature of Registrar |
(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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within ............................ days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ................ day of ......................... 20......... |
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(3) ...................................... |
Form V
[Regulation 6(1)]
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THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
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The Health Professions Act, 2009 |
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The Health Professions (General) Regulations, 2012 |
4
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Code |
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Date/Time |
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Information Required |
Information Provided |
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1 |
Name(s) of applicant |
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(a) Surname |
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(b) Forename(s) |
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2 |
(a) Nationality |
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(b) Identity card"” |
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National Registration |
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-Passport No. |
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3 |
Notification address |
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Tel |
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Fax |
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Profession in respect of which application is made |
|||
|
5 |
Type of certificate held by applicant
(State certificate No. and scope of practice)
Provisional
Temporary
Limited
Specialist
Other
...............
...............
.................
...............
.........
...............
..............
.................
.............
.........
6
Continuous professional development undertaken since last registration
7
Name of employer
8
Address of employer
9
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
Certificate No.
Location
(attach certified copies)
10
Certificates currently held by applicant in Zambia, if any under Health Professions Act, 2009
Certificate No. and Type
Location
11
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ....................................................................................................
Nature of offence .........................................................................................................
Date of conviction .......................................................................................................
Sentence ....................................................................................................................
12
Have you ever applied for a certificate of registration under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
13
Appendix
Attach copies of continuous professional development and training acquired since last practising certificate
|
........................................ |
................................. |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ............................... |
RECEIPT NO. |
|
Date received ................................................... |
|
|
Amount received .............................................. |
STAMP |
|
Serial No. of application ................................... |
Form VI
[Regulation 6(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Registration No. .................... |
|
PRACTISING CERTIFICATE |
|
(Section 8 of the Health Professions Act, No. 24 of 2009) |
|
Holder"™s name ................................................................................................................................ |
|
Address ........................................................................................................................................ |
|
Health profession .......................................................................................................................... |
|
This Certificate is valid from the .............. day of ...................... 20........ to the .............. day of ............................ 20........... |
|
The conditions of the Certificate are as shown in the Annexures attached hereto. |
|
Issued at ......................... this ............ day of ......................... 20........... |
|
................................ |
|
ENDORSEMENT OF REGISTRATION |
|
This Registration has this ................ day of ............................, 20........... been entered in the Register. |
|
...................................... |
Form VII
[Regulation 7]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTIFICATION OF CHANGES IN PARTICULARS |
|
(Section 13 of the Health Professions Act, No. 24 of 2009) |
|
To the Registrar: |
|
Notice is hereby given that the following changes have occurred in respect of the particulars relating to my registration |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
The reason for the changes is ......................................................................................................... |
|
..................................................................................................................................................... |
|
..................................................................................................................................................... |
|
Dated at ................... this ................. day of .......................... 20.......... |
|
Signed: .............................. Name: .................................... |
|
Certificate No. .......................................................... |
|
Address: ................................................................. |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
................................................................. |
Form VIII
[Regulations 8(1), 14(1), 20(1) and 26(1)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION/PRACTISING CERTIFICATE/LICENCE/ACCREDITATION |
|
(1) Here insert the full names and address of holder of certificate/ licence/ accreditation |
To (1) ................................................................................................ |
|
......................................................................................................... |
|
|
......................................................................................................... |
|
|
IN THE MATTER OF (2) ....................................... you are hereby notified that the Council intends to *suspend/cancel your *certificate of registration/practising certificate/licence/accreditation on the following grounds: |
|
|
(2) Here insert the registration/ licence/ accreditation No. |
|
|
(a) .................................................................................................... |
|
|
(b) .................................................................................................... |
|
|
(3) Here insert the number of days stipulated |
(c) ................................................................................................... |
|
(d) ................................................................................................... |
|
|
(4) Signature of Registrar |
Accordingly, you are requested to show cause why your *certificate of registration/practising certificate/licence/accreditation should not be *suspended/cancelled, and to take action to remedy the breaches set out in paragraphs ........... (above) within (3) ......................... days of receiving this notice. Failure to remedy the said breaches shall result in the *Delete as appropriate')">*suspension/cancellation of your registration/practising certificate/licence/accreditation. |
|
Dated this .............. day of .......................... 20......... |
|
|
.......................................... |
Form IX
[Regulations 8(2) and 20(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF SUSPENSION/CANCELLATION OF REGISTRATION/PRACTISING CERTIFICATE/LICENCE |
|
(Sections 14 and 19 of the Health Professions Act, No. 24 of 2009) |
|
(1) Here insert the full names and address of holder of certificate of registration/ practising certificate/ licence {mprestriction ids="2,3,5"} |
To (1) .......................................................................................................... |
|
................................................................................................................... |
|
|
................................................................................................................... |
|
|
IN THE MATTER OF (2) ................................ you are hereby notified that your registration/practising certificate/licence ........................... has been suspended for a period of ........................../cancelled on the following grounds: |
|
|
(2) Here insert the reference No. of the certificate of registration/ practising certificate/ licence |
(a) .............................................................................................................. |
|
(b) .............................................................................................................. |
|
|
(c) .............................................................................................................. |
|
|
(d) ............................................................................................................. |
|
|
Dated this ..................... day of .......................... 20......... |
|
|
.......................................... |
Form X
[Regulation 10]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR DUPLICATE CERTIFICATE OF REGISTRATION |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
(a) Surname |
|||
|
(b) Forename(s) |
|||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
National Registration |
|||
|
-Passport No. |
|||
|
3 |
Notification address |
||
|
Plot No. |
|||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
4 |
Category of registration
Full
Provisional
Temporary
Limited
Specialist
...............
...............
...............
............
..............
...............
..............
...............
............
..............
5
Certificates currently held by applicant in Zambia, If any, under the Health Professions Act, 2009
Certificate No. and Type
Location
6
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ........................................................................................................
Nature of offence .............................................................................................................
Date of conviction ...........................................................................................................
Sentence ........................................................................................................................
7
Appendices
Attach affidavit
|
..................................... |
................................ |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received .................................................... |
|
|
Amount received ............................................... |
STAMP |
|
Serial No. of application: ................................... |
Form XI
[Regulation 11(1)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR CERTIFICATE OF STATUS |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
(a) Surname |
|||
|
(b) Forename(s) |
|||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
National Registration |
|||
|
-Passport No. |
|||
|
3 |
Address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
State information sought |
|
......................................... |
................................ |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ..................................... |
RECEIPT NO. |
|
Date received ...................................................... |
|
|
Amount received ................................................. |
STAMP |
|
Serial No. of application ....................................... |
Form XII
[Regulation 11(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Certificate No. ................... |
|
CERTIFICATE OF STATUS |
|
(Section 26 of the Health Professions Act, No. 24 of 2009) |
|
This is to certify that ........................................................... (state name of practitioner) is a registered health practitioner with the Health Professions Council of Zambia |
|
His/Her Registration No. is .................................. |
|
Field of Practice ........................................................................................................................... |
|
Issued at ........................... this .................. day of ......................... 20........ |
|
.................................. |
Form XIII
[Regulation 12(1)]
(To be completed in triplicate)
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
5
|
APPLICATION FOR APPROVAL OF TRAINING PROGRAMME |
|||||||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|||||
|
Date/Time |
|||||||
|
Information Required |
Information Provided |
||||||
|
1 |
Name(s) of applicant |
||||||
|
(State whether individual, company, firm or institution) |
|||||||
|
(b) Name of training institution |
|||||||
|
2 |
(a) Nationality |
||||||
|
(b) Identity card"” |
|||||||
|
National Registration |
|||||||
|
-Passport No. |
|||||||
|
Certificate of |
|||||||
|
3 |
Notification address |
||||||
|
Tel |
|||||||
|
Fax |
|||||||
|
|
|||||||
|
4 |
Type and level of training programme |
||||||
|
Period of training |
|||||||
|
6 |
Staff establishment |
||||||
|
(a) Number of academic staff |
|||||||
|
(b) Number of supporting staff |
|||||||
|
7 |
Premises at which training is to be provided |
||||||
|
(Attach certified copy of proof of ownership of premises or if premises are leased, copy of tenancy agreement) |
|||||||
|
8 |
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia |
||||||
Certificate No.
Location
(attach certificate copies)
9
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
10
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details ......................................................................................................
Nature of offence ...........................................................................................................
Date of conviction ..........................................................................................................
11
Have you ever applied for approval of a training programme under the Health Professions Act, 2009?
If yes, please give details below:
Application No.
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">* If application was rejected, give reasons for rejection:
12
Appendices
Copy of certificate of registration under relevant law in Zambia
Copy of self-evaluation accreditation report of the training institution which should include the following:
(a) education programme, which should include the syllabus and curriculum, course of study, teaching and assessment methods and an educational programme evaluation;
(b) academic policy;
(c) admission policy which should include standards and procedure for assessment, discipline and appeal;
(d) supervision policy, in the case of internship, which should ensure a safe clinical environment for patients and a safe learning environment for interns;
(e) the level and name of the award to be attained on successful completion of the course or level of education;
(f) recruitment policy;
(g) the actual number and qualification of academic and support staff; and
(h) training programme evaluation.
Copy of necessary approval by relevant local authority
Copies of curriculum vitae of teaching staff to be employed at the training institution
|
....................................... |
................................ |
|
FOR OFFICIAL USE ONLY |
|
|
Received by ................................. |
RECEIPT NO. |
|
Date received .................................................... |
|
|
Amount received ............................................... |
STAMP |
|
Serial No. of application .................................... |
Form XIV
[Regulation 13(3)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Approval No. ...................... |
|
APPROVAL OF TRAINING PROGRAMME |
|
(Section 33(2) of the Health Professions Act, No. 24 of 2009) |
|
This is to certify that approval is granted to .......................................................... (state name of training institution) whose physical address is at .......................................... to offer .............................. (state name of programme) for a period of ...................... from the ................. day of ................... 20......... |
|
The conditions of grant/review of the approval are as shown in the Annexures attached hereto. |
|
Issued at ........................ this ............... day of ..................... 20........ |
|
............................ |
|
ENDORSEMENT OF REGISTRATION |
|
This Registration has this ............... day of ........................., 20.......... been entered in the Register. |
|
..................................... |
REVIEWS
Date of review
Details of review
Decision of Council
Signature of Registrar and official stamp
Form XV
[Regulation 14(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
WITHDRAWAL OF APPROVAL OF TRAINING PROGRAMME |
|
(Section 34 of the Health Professions Act, No. 24 of 2009) |
|
(1) Here insert the full names and address of holder of approval |
To (1) ................................................................................................................. |
|
.......................................................................................................................... |
|
|
.......................................................................................................................... |
|
|
IN THE MATTER OF (2) ................................................................. you are hereby notified that the Council has withdrawn your approval on the following grounds: |
|
|
(2) Here insert the reference No. of the approval |
|
|
(a) ..................................................................................................................... |
|
|
(3) Signature of Registrar |
(b) ..................................................................................................................... |
|
(c) ..................................................................................................................... |
|
|
(d) ..................................................................................................................... |
|
|
Dated this ............... day of ..................... 20........ |
|
|
(3) ................................ |
Form XVI
[Regulation 15(1)]
(To be completed in triplicate)
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR LICENCE TO OPERATE A HEALTH FACILITY |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Licence Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
- National Registration |
|||
|
- Passport No. |
|||
|
Certificate of |
|||
|
3 |
Notification address |
||
|
Plot No. |
|||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
4 |
Details of registration of health practitioners at health facility
Full
Provisional
Temporary
Limited
Specialist
.............
...............
.................
.............
...............
.............
..............
.................
.............
...............
5
Class, level and nature of services to be provided at health facility
6
Location of health facility (Attach certified copy of proof of ownership of premises or if premises are leased, copy of tenancy agreement)
7
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
8
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for a licence for a health facility under the Health Professions Act, 2009?
If yes, please give details below:
Licence applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendices
Health inspection report under the Public Health Act
Fire certificate
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XVII
[Regulation 16(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Licence No. ................ |
|
LICENCE TO OPERATE HEALTH FACILITY |
|
(Section 38 of the Health Professions Act, No. 24 of 2009) |
|
Holder"™s name ................................................................................................................................ |
|
Address ........................................................................................................................................ |
|
.................................................................................................................................................... |
|
Class .......................................................................................................................................... |
|
.................................................................................................................................................... |
|
.................................................................................................................................................... |
|
This Licence is valid from the .......... day of ............ 20....... to the .......... day of .................. 20...... |
|
The conditions of the Licence are as shown in the Annexures attached hereto. |
|
Issued at ........................ this ............. day of ...................... 20......... |
|
........................... |
|
ENDORSEMENT OF REGISTRATION |
|
This Licence has this ............ day of ........................., 20........ been entered in the Register. |
|
..................................... |
Form XVIII
[Regulation 17]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR VARIATION OF TERMS/CONDITIONS OF LICENCE |
|||
|
Licence No. |
Shaded fields for official use only |
||
Licence Code
Date and Time
Information Required
Information Provided
1
Holder of licence
2
Expiry date
3
(a) Name(s) of applicant
(b) Type of applicant
Individual
Partnership
Company
Partnership
NGO
(c) Business address
4
Proposed amendments
(a)
(b)
(c)
(d)
(e)
(f)
5
Appendices
Appendix No. 1
Justifications for proposed amendments
Appendix No. 2
Record of meeting and resolutions
Receipt number
Name:
Signature of applicant (individual or authorised company representative):
To be signed by authorised officer
STAMP
Name
Signature of officer
Form XIX
[Regulation 18]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF INTENTION TO SURRENDER LICENCE |
|
(Section 42 of the Health Professions Act, No. 24 of 2009) |
|
To the Council: |
|
|
(1) Here insert the full names and address of licensee |
(1) ..................................................................................................................... |
|
.......................................................................................................................... |
|
|
(2) Here insert the licence No. of the licence to be surrendered |
IN THE MATTER OF (2) ................... I hereby notify your office that I intend to surrender my licence on the ............... day of ...... 20.. for the following reasons: |
|
(a) ..................................................................................................................... |
|
|
(3) Signature of licensee |
(b) ..................................................................................................................... |
|
(c) ..................................................................................................................... |
|
|
(d) ..................................................................................................................... |
|
|
Dated this ............. day of ...................... 20........ |
|
|
(3) ...................................... |
|
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ......................... Date received: ............................... |
|
|
Signature: |
|
|
STAMP |
Form XX
[Regulation 19]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR RENEWAL OF LICENCE |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Licence Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
Licence No. |
||
|
3 |
Notification address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
Class of licence |
|||
|
5 |
Type of certificates held by health practitioners at health facility
(State Certificate No.)
Provisional
Temporary
Limited
Specialist
Other
.................
...............
............
.............
............
.................
..............
............
.............
............
6
Scope, level and nature of services provided
7
Location of health facility
8
Certificates currently held by the applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for a licence under the Health Professions Act, 2009?
If yes, please give details below:
Licence applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendices
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XXI
[Regulations 21 and 25]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF VIOLATION OF TERMS AND CONDITIONS OF LICENCE UNDER |
|
(1) Here insert the full names and address of licensee |
To (1) .............................................................................................................. |
|
IN THE MATTER OF (2) ................................... you are hereby notified that you are in contravention of the terms and conditions of your licence/accreditation of health care services and the Health Professions Act, No. 24 of 2009. Consequently, you are hereby directed to take the following action(s) within (3) ....... days: |
|
|
(2) Here insert the licence No. appearing on the licence issued in respect of the health facility |
(a) ............................................................................................................... |
|
(b) ............................................................................................................... |
|
|
(c) ............................................................................................................... |
|
|
You are further directed to submit a written plan of correction of the violation indicating the dates by which you shall take corrective action. |
|
|
(3) Here state number of days |
Dated this ............. day of .......................... 20....... |
|
(4) Signature of Registrar |
(4) .................................... |
Form XXII
[Regulation 22(1)]
(To be completed in triplicate)
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
APPLICATION FOR ACCREDITATION OF HEALTH CARE SERVICES |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
(a) Nationality |
||
|
(b) Identity card"” |
|||
|
- National Registration |
|||
|
- Passport No. |
|||
|
Licence No. |
|||
|
3 |
Notification address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
4 |
Details of registration of health practitioners at health facility
Full
Provisional
Temporary
Limited
Specialist
.............
...............
.................
.............
...............
.............
..............
.................
.............
...............
5
Treatment or services to be provided at health facility
6
Location of health facility
7
Certificates previously held by the applicant under the Health Professions Act, 2009 or similar legislation outside Zambia
(attach certified copies)
Certificate No.
Location
8
Certificates currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Certificate No. and Type
Location
9
Have you ever been found guilty of professional misconduct, or been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
10
Have you ever applied for accreditation of health care services under the Health Professions Act, 2009?
If yes, please give details below:
Accreditation No.
Location of health facility
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendix
Copy of self-assessment report which should state"”
(a) human resource capacity and continuous professional development;
(b) the standard operating procedures and quality assurance systems;
(c) the level of health care and clinical care services;
(d) the type of equipment, medical and surgical supplies;
(e) the laboratory capacity;
(f) data capturing, monitoring and evaluation and pharmaceutical logistics management information systems; and
(g) infection prevention and health care waste management.
|
....................................... |
................................... |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ............................................... |
|
|
Amount received .......................................... |
STAMP |
|
Serial No. of application ............................... |
Form XXIII
[Regulation 23(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
Accreditation No. ...................... |
|
FULL ACCREDITATION/PROVISIONAL ACCREDITATION |
|
(Section 33(2) of the Health Professions Act, No. 24 of 2009) |
|
Holder"™s name ............................................................................................................................... |
|
Address ........................................................................................................................................ |
|
This accreditation is granted for a period of .... from the .........day of .............. 20... in respect of the following training programme: |
|
................................................................ |
|
The conditions of grant of the accreditation are as shown in the Annexures attached hereto. |
|
Issued at .......... this .... day of ........ 20......... |
|
................................ |
|
ENDORSEMENT OF ACCREDITATION |
|
This accreditation has this ................. day of .........................., 20...... been entered in the Register. |
|
............................................. |
Form XXIV
[Regulation 24]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
4
|
APPLICATION FOR RENEWAL OF ACCREDITATION OF HEALTH CARE SERVICES |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Code |
|
|
Date/Time |
|||
|
Information Required |
Information Provided |
||
|
1 |
Name(s) of applicant |
||
|
2 |
Accreditation No. |
||
|
3 |
Notification address |
||
|
Tel |
|||
|
Fax |
|||
|
|
|||
|
Type of health care service |
|||
|
5 |
Type of certificate held by applicant
(State Certificate No.)
Provisional
Temporary
Limited
Specialist
other
.................
...............
............
.............
............
.................
..............
............
.............
............
6
Accreditations currently held by applicant in Zambia, if any, under the Health Professions Act, 2009
Accreditation No. and Type
Location
7
Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the Health Professions Act, 2009, or any other law within or outside Zambia?
If yes, specify details .......................................................................................................
Nature of offence ............................................................................................................
Date of conviction ...........................................................................................................
Sentence ......................................................................................................................
8
Have you ever applied for a certificate of registration or accreditation of health care services under the Health Professions Act, 2009?
If yes, please give details below:
Certificate applied for
Location
Scope of practice
Date of application
Status of application (Granted, rejected or pending)')">*
')">*If application was rejected, give reasons for rejection:
11
Appendix
Attach copy of current accreditation
|
....................................... |
.................................. |
|
FOR OFFICIAL USE ONLY |
|
|
Received by: ................................... |
RECEIPT NO. |
|
Date received ..................................................... |
|
|
Amount received ................................................ |
STAMP |
|
Serial No. of application ..................................... |
Form XXV
[Regulation 26(2)]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
WITHDRAWAL OF ACCREDITATION OF HEALTH CARE SERVICE |
|
(1) Here insert the full names and address of holder of accreditation |
To (1) ................................................................................................................. |
|
.......................................................................................................................... |
|
|
IN THE MATTER OF (2) ........................................................................... you are hereby notified that your accreditation has been withdrawn on the following grounds: |
|
|
(2) Here insert the reference No. of the accreditation |
(a) ..................................................................................................................... |
|
(b) ..................................................................................................................... |
|
|
(c) ..................................................................................................................... |
|
|
(3) Signature of Registrar |
(d) ..................................................................................................................... |
|
Dated this ............... day of ........................ 20........ |
|
|
(3) ...................................... |
Form XXVI
[Regulation 28]
|
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA |
|
The Health Professions Act, 2009 |
|
The Health Professions (General) Regulations, 2012 |
|
NOTICE OF APPEAL TO THE MINISTER |
|
(Section 29 of the Health Professions Act, 2009) |
|
IN THE MATTER OF ................................................................ I hereby |
|
(Application reference and matter of appeal) |
|
give notice of appeal against the decision of the Council on the following grounds: |
|
(a) ................................................................................................................................. |
|
(b) ................................................................................................................................. |
|
(c) ................................................................................................................................. |
|
(d) ................................................................................................................................. |
|
Dated this ............... day of ............................. 20...... |
|
...................................... |
[Regulation 5]
QUALIFICATIONS FOR REGISTRATION AS HEALTH PRACTITIONERS
|
Index |
Profession |
Qualifications |
|
1. |
Medical Doctor |
Bachelor of Medicine, Bachelor of Surgery or its equivalent |
|
2. |
Dental Surgeon |
Bachelor of Dental Surgery or its equivalent |
|
3. |
Pharmacist |
Bachelor of Pharmacy or its equivalent |
|
4. |
Environmental Health Officer |
Bachelor of Science in Environmental Health or its equivalent |
|
5. |
Environmental Health Technologist |
Diploma in Environmental Health Technology or its equivalent |
|
6. |
Physiotherapist |
Bachelor of Science in Physiotherapy or its equivalent |
|
7. |
Occupational Therapist |
Bachelor of Science in Occupational Therapy or its equivalent |
|
8. |
Radiographer |
Bachelor of Science in Radiography/Diploma Radiography or its equivalent |
|
9. |
Medical Laboratory Technologist |
Diploma in Biomedical Science or its equivalent |
|
10. |
Medical Laboratory Technician |
Certificate in Biomedical Science or its equivalent |
|
11. |
Dental Technologist |
Diploma in Dental Technology or its equivalent |
|
12. |
Clinical Officer General |
Diploma in Clinical Medicine/Clinical Psychiatry or its equivalent |
|
13. |
Optometrist/Optician |
Degree/Diploma in Optometry or its equivalent |
|
14. |
X-Ray Assistant |
Certificate in X-Ray or its equivalent |
|
15. |
Pharmacy Technologist |
Diploma in Pharmacy Technology or its equivalent |
|
16. |
Medical Licentiate |
Diploma in Clinical Medicine plus an Advanced Diploma in Clinical Medicine or its equivalent |
|
17. |
Orthopaedic Technologist |
Diploma in Orthopaedic Technology or its equivalent |
|
18. |
Specialist |
Degree from any of these Registers or any other recognised degree relevant to the health profession plus a recognised Master's Degree relevant to the Health Profession or its equivalent |
|
19. |
Emergency Care Officer |
Degree/Diploma/Certificate In Basic/ Intermediate/Advanced Life Support or its equivalent |
|
20. |
Biomedical Scientific Officer |
Bachelor of Science in Biomedical Sciences or its equivalent |
|
21. |
Dental Hygienist |
Bachelor of Science in Dental Hygiene or its equivalent |
|
22. |
Pharmacologist |
Bachelor of Science in Pharmacology or its equivalent |
|
23. |
Osteopath |
Doctor of Osteopathic medicine or its equivalent |
|
24. |
Podiatrist |
Bachelor of Science Degree in Podiatry or its equivalent |
|
25. |
Audiologist |
Bachelor of Science Degree in Audiology or its equivalent |
|
26. |
Physiotherapy Technologist |
Diploma in Physiotherapy Technology or its equivalent |
|
27. |
Radiation Therapy Technologist |
Diploma in Radiation Therapy or its equivalent |
|
28. |
Radiation Therapist |
Bachelor of Science in Radiation Therapy and its equivalent |
|
29. |
Medical Physicist |
Bachelor of Science in Physics plus a Master's Degree or its equivalent |
|
30. |
Community Oral Health Educator |
Certificate in Community Oral Education or its equivalent |
|
31. |
Advanced Paramedical |
Diploma in Clinical Medicine plus a recognised Diploma in any medical field or its equivalent |
|
32. |
Nutritionists/Dietician |
Diploma in Food and Nutrition/Bachelor of Science in Dietetics or its equivalent |
|
33. |
Orthotists/Prosthetist |
Bachelor of Science in Prosthesis and Orthosis or its equivalent |
|
34. |
Clinical Psychologist |
Bachelor of Acts Degree in Applied Psychology plus a Master's Degree in Clinical Psychology or its equivalent |
|
35. |
Pharmacy Dispenser |
Certificate in Pharmacy Dispensing or its equivalent |
|
36. |
Community Health Assistant |
Certificate in Community Health or its equivalent |
[Regulation 13(1)]
REQUIREMENTS FOR TRAINING PROGRAMME
|
1. All training institutions shall comply with the following provisions"” |
|
(a) possess adequate space, equipment and accommodation for teaching and training; |
|
(b) possess, where the institution is residential, adequate residential and hostel accommodation and facilities; |
|
(c) ensure that the accommodation and facilities are accessible to persons with disabilities in accordance with the Persons with Disabilities Act, Cap. 65; |
|
(d) have suitably qualified, supervisory and teaching staff who have adequate clinical experience and theoretical knowledge for the purpose of training; |
|
(e) have an Education Committee where, in the opinion of the Council, it is practicable; |
|
(f) ensure that the teaching staff of the training institution is appointed by the body responsible for administration of that institution which shall inform the Council of the appointment within seven days of such appointment; |
|
(g) the training institution has sufficient physical, clinical, information technology, library, research facilities, lecture theatres, tutorial rooms, laboratories, library, social and recreational amenities for the staff and the student population to ensure that the curriculum can be delivered adequately; |
|
(h) adequate clinical/practical experiences, including sufficient patients and clinical/practical training facilities available; and |
|
(i) the training institution should use information and communication technology in the educational programme. |
|
2. Hospitals or health facilities providing internship should comply with the following additional standards to ensure the suitability of the hospital or health facility to undertake internship training"” |
|
(a) supervision policy: interns should be supervised at all times to ensure a safe clinical and learning environment; |
|
(b) clinical experience: there should be mandatory medical rotation, opportunities to assess and contribute to care of patients, clinical exposure to common clinical/surgical conditions and critically ill patients, experience of assessment of patients and investigation and treatment, opportunities to observe, develop and perform procedural and communication skills, preparation of discharge summaries, developing skills in prescribing medication and develop understanding of resource allocation; |
|
(c) governance: governance structures, policies and physical facilities (tutorial rooms, library, laboratories, information and technology facilities and lecture theatres) to support internship training and the welfare of interns; and |
|
(d) education and training: an internship training programme should include comprehensive orientation to policies, a curriculum for the internship programme, including community and primary care-based facilities, evaluation procedures, supervision and assessment processes |
[Regulation 16(1)]
REQUIREMENTS FOR HEALTH FACILITIES
|
A. Requirements for health facility |
|
1. The premises intended to be used as a health facility shall comply with the requirements for a public place under the Public Health Act and, in addition, have the following facilities"” |
|
(a) a waiting room; |
|
(b) a consulting room; |
|
(c) an examination room with adequate privacy and examination couch; |
|
(d) adequate toilet facilities; |
|
(e) a treatment room with a resuscitation tray, steriliser and soiled dressing and syringe disposal facilities; |
|
(j) adequate running water; and |
|
(g) suitable storage of poisons, therapeutic, psychotropic and dangerous drugs. |
|
2. The practitioners, paramedical and nursing staff employed, or to be employed, at the health facility should be registered with the Health Professions Council of Zambia or under the Nurses and Midwives Act, Cap. 300, as the case may be. |
|
3. The health facility should have the following"” |
|
(a) standard management: management structures which links the scope, level and nature of health services and support service delivery; |
|
(b) quality management: procedures and mechanisms to evaluate its own performance and to promote quality management; |
|
(c) human resource: clear linkages between staff and specialisations for the kind of patient load; |
|
(d) information technology services: it should have information technology services to meet the contemporary demands of information communication technology; |
|
(e) medical records: it should have a medical records filing/storage system; |
|
(f) facility maintenance: it should be located in a suitable building with appropriate sanitation, security, housekeeping systems and signage; |
|
(g) equipment management: sufficient equipment for the scope of work and preventive maintenance systems; |
|
(h) fire and safety: fire and safety procedures; |
|
(i) sterilisation process: equipment for sterilisation and storage of sterilised supplies; |
|
(j) infection prevention: robust infection prevention programme that protects both the patients and the staff; |
|
(k) sanitation: procedures that account for waste management, protective clothing and training of housekeeping staff; |
|
(l) supplies: sufficient storage (dry stores, linen, medical, surgical supplies), access and availability for its scope of work; |
|
(m) medication: sufficiently stocked with medications and medical-surgical appropriate for its scope of service and prescriptions guided by selected formulary guidelines/protocols; |
|
(n) pharmacy: physical space for a pharmacy that is manned by qualified staff who are guided by appropriate pharmaceutical policies and procedures; |
|
(o) laboratories: work collaboratively with clinical care services to ensure timely and accurate laboratory results and services. The laboratories comply with quality assurance standards; |
|
(p) blood banks: work collaboratively with clinical care services to ensure timely and accurate laboratory results and services. The blood banks comply with quality assurance standards; |
|
(q) radiology and imaging services: work collaboratively with clinical care services to ensure timely and accurate radiology and imaging results and services. The radiology and imaging services comply with quality assurance standards; |
|
(r) clinical practice: arrangements in place to ensure quality clinical care by appropriately qualified and competent staff; |
|
(s) operating room/anaesthesia: rooms and anaesthetic services that are suitable for the scope of service and are staffed by qualified and competent staff; |
|
(t) emergency services: life-saving services which are responsive to the emergencies. The support units (labs/blood banks/imaging) are available for emergencies; |
|
(u) dentistry: services that are suitable for the scope of service and are staffed by qualified and competent staff; |
|
(v) rehabilitation: services that are suitable for the scope of service and are staffed by qualified and competent staff; and |
|
(w) medical social work: services that are suitable for the scope of service and are staffed by qualified and competent staff. |
|
4. Supervision |
|
Classes A and B health facilities shall be supervised by a qualified medical doctor from an approved training institution. |
|
Class C-E health facilities shall be supervised by different health practitioners within the scope of practice for such profession approved by the Council. |
|
5. Rules for health care waste management |
|
All health facilities shall put in place health care waste management processes and measures. The following health care waste management measures shall be mandatory for all health facilities"” |
|
(a) all health facilities shall ensure that they have a copy of national technical guidelines on the sound management of health care waste as approved by appropriate national authorities; |
|
(b) trained personnel in waste management shall ensure waste bags are removed and sealed when they are not more than three quarters full; |
|
(c) suitable health care waste receptacles of appropriate size and number shall be available for use for different waste types; |
|
(d) all health care waste receptacles shall be labeled with basic information on their content and waste producer and such label shall be permanent, legible and compliant to colour coding; |
|
(e) in cases of reusable receptacles, the location of the receptacle shall be written clearly on the side and should always be kept in the same place; |
|
(f) temporary storage facilities located way from patients but as close to the degeneration point as possible; |
|
(g) adequate spill kit and protective clothing such as gloves, overall, and nose mask shall be provided at the storage facilities including absorbent materials, disinfectants, buckets, and shovels among others which must be easily accessible for staff to clean up any spills; |
|
(h) biohazard marks and other warning signs shall be posted conspicuously on doors and walls; |
|
(i) receptacles for sharps shall be non-corrosive, puncture resistant, rigid, with fitted covers and impermeable to retain any residual liquids from syringes; |
|
(j) residual waste containers shall be washed with a suitable disinfectant as recommended in the Infection Prevention guidelines; |
|
(k) all health care waste bags, containers, bag holder and trolleys shall be black, brown or yellow to reinforce the separation of types of waste; |
|
(l) appropriate colour coded vehicles, carts and trolleys shall be used for transportation of health care waste; |
|
(m) collection and transportation of health care waste shall comply with the general waste management plan of the local authority; |
|
(n) health care waste shall be sorted before transportation; |
|
(o) fixed schedules for collection of waste bags and containers from each department or unit shall be in place; |
|
(p) wheeled trolleys with lids during collection and transportation shall be used within the health facility and the equipment used for transportation and collection shall be disinfected; |
|
(q) waste bags shall not be hand carried around the health facility; and |
|
(r) each health facility shall use one of the following disposal methods"” |
|
(i) use of protected incinerator; |
|
(ii) use of a licensed waste management contractor; |
|
(iii) use of appropriate incinerator for the type of health facility; or |
|
(iv) compliance with land disposal guidelines. |
|
The following health care waste shall not be incinerated"” |
|
(a) pressurised gas containers; |
|
(b) large amounts of reactive chemical waste; |
|
(c) silver salts or photographic and radioactive waste; |
|
(d) halogenated plastics such as polyvinyl chloride, blood bags, IV tubing, or disposal syringes; |
|
(e) waste with high mercury or cadmium content such as broken thermometers, used batteries and lead lined wooden panels; or |
|
(j) sealed ampoules or ampoules containing heavy metal: |
|
Provided that regard shall be had to the type of services a health facility provides. |
|
6. Requirement for operation of mobile health facilities |
|
The following shall be the requirements for operating mobile health facilities"” |
|
(a) licensing requirements have been met; |
|
(b) inspections have been conducted; |
|
(c) proper and sufficient equipment shall be available and readily accessible on the facility depending on the health services provided; |
|
(d) the facility meets all requirements pertaining to design of the facility, floor plan, mandatory equipment requirements and exterior markings; |
|
(e) the facility must be roadworthy and driven by a qualified driver; and |
|
(f) the words MOBILE HOSPITAL shall be mirror imaged in letters, not less than 6 inch high on the exterior side of the facility. |
|
7. Requirements for providing ambulance services (including air and water ambulances) |
|
The ambulance service providers shall comply with the air and water ambulance requirements as specified in the Guidelines. |
[Regulation 30]
[Fifth Sch subs by reg 2 of SI 27 of 2018.]
PRESCRIBED FEES
|
Item |
Fee Units |
Fee Units |
|||
|
A. |
PRACTITIONERS |
(Zambian) |
(Non-Zambian) |
||
|
1. |
(a) |
Provisional Registration |
|||
|
(i) |
Diploma and certificate holders |
2,333.33 |
10,000.00 |
||
|
(ii) |
Degree holders - Doctors |
4,000.00 |
33,333.33 |
||
|
(iii) |
Degree holders - other categories |
3,000.00 |
16,666.67 |
||
|
(b) |
Temporary Registration |
||||
|
(i) |
Diploma and certificate holders |
2,333.33 |
10,000.00 |
||
|
(ii) |
Degree holders - Doctors |
4,000.00 |
33,333.33 |
||
|
(iii) |
Degree holders - other categories |
3,000.00 |
16,666.67 |
||
|
(c) |
Registration for limited period |
||||
|
(i) |
Diploma and certificate holders |
2,333.33 |
10,000.00 |
||
|
(ii) |
Degree holders - Doctors |
4,000.00 |
33,333.33 |
||
|
(iii) |
Degree holders - other categories |
3,000.00 |
16,666.67 |
||
|
(d) |
Full Registration |
||||
|
(i) |
Diploma and certificate holders |
2,333.33 |
10,000.00 |
||
|
(ii) |
Degree holders - Doctors |
4,000.00 |
33,333.33 |
||
|
(iii) |
Degree holders - other categories |
3,000.00 |
16,666.67 |
||
|
(e) |
Specialist Registration |
8,866.67 |
50,000.00 |
||
|
2. |
Annual Renewal of Practicing Certificate |
||||
|
(a) |
Diploma and certificate holders |
1,733.33 |
10,000.00 |
||
|
(b) |
Degree holders - Doctors |
4,000.00 |
16,666.67 |
||
|
(c) |
Degree holders - other categories |
3,000.00 |
16,666.67 |
||
|
(d) |
Specialists |
8,600.00 |
33,333.33 |
||
|
3. |
Restoration of Name on Register |
4,000.00 |
33,333.33 |
||
|
4. |
Application for Duplicate Certificate |
5,133.33 |
12,533.33 |
||
|
5. |
Application for Certificate of Status |
||||
|
(i) |
Certificate of good standing |
12,200.00 |
50,000.00 |
||
|
(ii) |
Certificate of good standing (10 years and above on full register) |
8,200.00 |
50,000.00 |
|
B. |
HEALTH FACILITIES |
||
|
1. |
Application fees |
||
|
Class A |
1,500.00 |
1,500.00 |
|
|
Class B |
1,500.00 |
1,500.00 |
|
|
Class C |
1,500.00 |
1,500.00 |
|
|
Class D |
1,500.00 |
1,500.00 |
|
|
Class E |
1,500.00 |
1,500.00 |
|
|
Mobile |
1,500.00 |
1,500.00 |
|
|
PRIVATE HEALTH FACILITIES |
|||
|
Item |
Fee Units |
Fee Units |
|
|
(Zambian) |
(Non-Zambian) |
||
|
2. |
Licence Fees |
||
|
Class A |
106,333.33 |
148,866.67 |
|
|
Class B |
95,700.00 |
133,966.67 |
|
|
Class C |
38,866.67 |
57,466.67 |
|
|
Class D |
38,866.67 |
57,466.67 |
|
|
Class E |
38,866.67 |
57,466.67 |
|
|
Mobile |
30,866.67 |
43,233.33 |
|
|
3. |
Annual Retention Fee |
||
|
Class A |
106,333.33 |
148,866.67 |
|
|
Class B |
95,700.00 |
133,980.00 |
|
|
Class C |
38,866.67 |
57,466.67 |
|
|
Class D |
38,866.67 |
57,466.67 |
|
|
Class E |
38,866.67 |
57,466.67 |
|
|
Mobile |
24,700.00 |
34,566.67 |
|
|
PUBLIC HEALTH FACILITIES |
|||
|
Item |
Fee Units |
Fee Units |
|
|
(Zambian) |
(Non-Zambian) |
||
|
Class A and B Facilities |
|||
|
4. |
Licence Fee |
3,766.67 |
N/A |
|
5. |
Annual Retention Fee |
3,766.67 |
N/A |
|
Class C, D and E Facilities |
|||
|
6. |
Licence Fee |
1,666.67 |
N/A |
|
7. |
Annual Retention Fee |
1,666.67 |
N/A |
|
Mobile Health Facility (Air, Water and Road) |
|||
|
8. |
Licence Fee |
666.67 |
N/A |
|
9. |
Annual Retention Fee |
333.33 |
N/A |
|
C. |
ACCREDITATION OF HEALTH CARE SERVICES |
||
|
1. |
Application fee |
||
|
(a) Full accreditation |
1,500.00 |
1,500.00 |
|
|
(b) Provisional accreditation |
1,500.00 |
1,500.00 |
|
|
PRIVATE HEALTH CARE SERVICES CLASS A AND B |
|||
|
2. |
Licence Fees |
||
|
(a) Full accreditation |
14,000.00 |
16,666.67 |
|
|
(b) Provisional accreditation |
14,000.00 |
16,666.67 |
|
|
3. |
Annual Retention Fee |
||
|
(a) Full accreditation |
14,000.00 |
16,666.67 |
|
|
(b) Provisional accreditation |
14,000.00 |
16,666.67 |
|
|
PRIVATE HEALTH CARE SERVICES CLASS C, D AND E FACILITIES |
|||
|
4. |
Licence Fees |
||
|
(a) Full accreditation |
3,766.67 |
4,533.33 |
|
|
(b) Provisional accreditation |
3,766.67 |
4,533.33 |
|
|
5. |
Annual Retention Fee |
||
|
(a) Full accreditation |
3,766.67 |
4,533.33 |
|
|
(b) Provisional accreditation |
3,766.67 |
4,533.33 |
|
|
PUBLIC HEALTH CARE SERVICES - CLASS A AND B |
|||
|
Class A and B Facilities |
|||
|
6. |
Licence fees |
3,766.67 |
N/A |
|
7. |
Annual licence fees |
3,766.67 |
N/A |
|
PUBLIC HEALTH CARE SERVICES - CLASS C, D AND E |
|||
|
Class C, D and E |
|||
|
8. |
Licence fees |
1,666.67 |
N/A |
|
9. |
Annual licence fees |
1,666.67 |
N/A |
|
TRAINING PROGRAMMES |
|||
|
D. |
PROGRAMMES |
||
|
1. |
Application form for approval of training programme |
1,500.00 |
1,500.00 |
|
2. |
Approval of training programme |
||
|
(a) Private University or Training Centre |
255,633.33 |
319,566.67 |
|
|
(b) Public University or Training Centre |
75,533.33 |
N/A |
|
|
(c) Public College or Training Centre |
751,066.67 |
N/A |
|
|
(d) Private College or Training Centre |
186,133.33 |
232,650.00 |
|
|
3. |
Review of training programme |
||
|
(a) Public University or Training Centre |
37,766.67 |
N/A |
|
|
(b) Private University or Training Centre |
127,833.33 |
159,766.67 |
|
|
(c) Public College or Training Centre |
25,533.33 |
N/A |
|
|
(d) Private College or Training Centre |
93,066.67 |
116,333.33 |
[Regulation 31]
REVOKED STATUTORY INSTRUMENTS
|
Statutory Instrument |
Number |
|
|
1. |
The Medical and Allied Professions (Dental Clinical Officers) (Training) Rules, 1990 |
S.I. No. 141 of 1990 |
|
2. |
The Medical and Allied Professions (Qualifications for Specialist Register) Regulations, 1994 |
S.I. No. 87 of 1994 |
|
3. |
The Medical and Allied Professions (Clinical Officers) (Training) Rules, 1984 |
S.I. No. 52 of 1984 |
|
4. |
The Medical and Allied Professions (Health Assistants) (Training) Rules, 1988 |
S.I. No. 40 of 1988 |
|
5. |
The Medical and Allied Professions (Establishment and Registration of Consulting Rooms) Rules, 1981 |
S.I. No. 153 of 1981 |
|
6. |
The Medical and Allied Professions (Registration) Rules, 1966 |
S.I. No. 272 of 1966 |
|
7. |
The Para-Medical Professions (Primary Qualifications, Training and Registration) Rules, 1973 |
S.I. No. 135 of 1973 |
|
8. |
The Medical and Allied Professions (Appeal) Rules, 1980 |
S.I. No. 170 of 1980 |
HEALTH PROFESSIONS (DISCIPLINARY PROCEEDINGS) RULES
[Section 70]
Arrangement of Rules
Rule
PART I
PRELIMINARY
2. Interpretation and application
PART II
REPORTING OBLIGATIONS AND INVESTIGATIONS
3. Reporting cases of professional misconduct or mental or physical illness of health practitioner
4. Reports on professional misconduct or mental or physical illness of health practitioner
6. Examination of investigation report by Chairpersons
PART III
PROCEEDINGS RELATING TO PROFESSIONAL MISCONDUCT AND DETERMINATION OF HEALTH OR PHYSICAL CONDITION
7. Functions of Committee in relation to complaint or information
8. Where no formal inquiry held
10. Inquiry into mental or physical illness
13. Amendment of notice of inquiry or charge
17. Procedure for noncompliance with conditions
18. Inquiries into charges against two or more practitioners
PART IV
GENERAL PROVISIONS
19. Proceedings relating to restoration of registration
21. Summons for attendance of witness and production of book, record, document or other information
22. Admission and exclusion of public
27. Revocation of Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982
*1">SCHEDULE
SI 114 of 2013.
PART I
PRELIMINARY
These Rules may be cited as the Health Professions (Disciplinary Proceedings) Rules, 2013.
2. Interpretation and application
(1) In these Rules, unless the context otherwise requires"“
"Committee" means the Disciplinary Committee established under section 63 of the Act;
"complainant" means a person or body by whom a complaint has been made to the Committee;
"Council" means the Health Professions Council of Zambia established under section 3 of the Act;
"Drug Enforcement Commission" means the Commission established under the Narcotic Drugs and Psychotropic Substances Act;
"health practitioner" has the meaning assigned to it in the Act;
"illness" means a permanent mental or physical condition that makes a health practitioner incapable of practising with reasonable skill and safety to patients;
"investigation report" means a report, made under sub-rule (9) of rule 5, relating to an investigation into a case of alleged professional misconduct or to the mental or physical illness of a health practitioner;
"Registrar" means the Registrar of the Council; and
"practice review" means an investigative audit of records related to a complaint or information received by the Councilor Committee, without prior identification of specific patient names, or an assessment of the conditions, circumstances and methods of the health practitioner's practice related to the complaint or information, to determine whether professional misconduct may have been committed or to determine the mental or physical condition of a health practitioner.
(2) These Rules shall apply to any conduct, act, or condition occurring after the commencement of these Rules.
(3) For the avoidance of doubt, these Rules shall not apply to, or govern the construction of, any disciplinary action for any conduct, act or condition occurring prior to the commencement of these Rules and such conduct, act or condition shall be construed and disciplinary action taken according to the provisions of the law existing at the time of the occurrence.
PART II
REPORTING OBLIGATIONS AND INVESTIGATIONS
3. Reporting cases of professional misconduct or mental or physical illness of health practitioner
(1) A health practitioner shall report to the Council any conviction, determination or finding that another health practitioner has committed an act or omission which constitutes professional misconduct or has contravened a provision of the Act.
(2) A health practitioner shall report to the Council any conviction, determination or finding that the health practitioner has committed an act or omission which constitutes professional misconduct or has contravened a provision of the Act.
(3) Any failure to report within thirty days of knowledge of a conviction, determination or finding, under sub-rules (1) and (2), shall constitute professional misconduct as specified under the Code of Ethics.
(4) A person, health facility, the Drug Enforcement Commission, the Government or any local authority shall report to the Council"“
(a) any conviction, determination or finding that a health practitioner has committed an act or omission which constitutes professional misconduct; or
(b) information that the health practitioner has a mental or physical illness or that the health practitioner's conduct constitutes a danger to public health, safety or welfare.
(5) If any person fails to report any matter under sub-rule (1), (2) and (4) the Council may, if it has information that the person or body has knowledge of the professional misconduct of a health practitioner, or information specified under paragraph (b) of sub-rule (4), subpoena the person or person in charge of the body to appear before the Council.
(6) Subject to sub-rule 7, any person making a report under this rule shall be immune from civil liability, whether direct or derivative, for providing information to the Council.
(7) A person who makes any malicious or vexatious report to the Council under this rule is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding one year, or to both.
4. Reports on professional misconduct or mental or physical illness of health practitioner
(1) A report required under rule 3 shall contain the following information"“
(a) the name, physical address and telephone number of the person making the report;
(b) the name, physical address and telephone number of the health practitioner being reported;
(c) the case number of any patient whose treatment is the subject of the report;
(d) a brief description or summary of the facts that gave rise to the issuance of the report, including dates of occurrences;
(e) if court action is involved, the name of the court in which the action is or was filed, the date of filing, and the docket number; and
(f) any further information that would aid in the investigation of the professional misconduct or determination of the health or of a health practitioner.
(2) A report required under rule 3 shall be submitted to the Registrar as soon as possible, but no later than thirty days after a conviction, determination or finding has been made or when the person or body came to know of the information, as the case may be.
(1) If the Council determines that a report submitted under rule 3 merits investigation, or if the Council has reason to believe, without any report being submitted, that a health practitioner may have engaged in professional misconduct or has a mental or physical illness, the Council shall investigate the matter to determine whether there has been professional misconduct or the health practitioner has a mental or physical illness.
(2) In determining whether or not to investigate any matter under sub rule (1), the Council shall consider any prior reports received by the Council, any prior findings of fact or comparable action taken by the Committee.
(3) Notwithstanding sub-rule (2), the Council shall initiate an investigation in every instance where there is a pattern of complaints, reports, arrests or other actions that may not have resulted in a formal adjudication of wrongdoing or finding of mental or physical illness, but when considered together demonstrate a pattern of similar conduct or condition that, without investigation, may likely pose a risk to the safety of the health practitioner"™s patients.
(4) For the purposes of investigating any matter under this Part, the Registrar is authorised to receive the criminal or medical history record or data of a health practitioner from any law enforcement agency, any court or medical institution, as the case may be.
(5) The Council shall not disseminate or use any data of a health practitioner obtained, as authorised under sub-rule (4), for purposes other than for investigations, inquiry and determination under these Rules.
(6) For the purposes of conducting any investigation under this Rule, the Council may, on such terms and conditions as it may determine, appoint such number of investigators, being health practitioners and legal practitioners, as it thinks shall be capable of conducting a thorough investigation into the alleged professional misconduct or the mental or physical illness of a health practitioner.
(7) Investigators appointed to conduct an investigation under sub-rule (6) may conduct practice reviews, issue subpoenas, administer oaths, and take depositions in the course of conducting those investigations, at the direction of the Council.
(8) Investigators appointed to investigate any matter under this rule shall inform"“
(a) the health practitioner, in writing of"“
(i) the nature of the complaint or information received by the Council or Committee;
(ii) that the practitioner may consult with legal counsel at the practitioner"™s expense prior to making a statement;
(iii) and that any statement that the person makes may be used in an adjudicative proceeding conducted by the Committee under these Rules; and
(b) a witness or potential witness, in writing, that any statement issued by the witness or potential witness may be released, to the health practitioner under investigation, if a statement of charges is issued.
(9) Investigators, appointed to conduct an investigation under sub-rule (6), shall make an investigation report to the Council on its findings and recommendations within 14 days of commencing the investigations.
(10) An investigation report to be made to the Council under sub-rule (9) shall be submitted to the Registrar.
(11) The Registrar shall, within two days of receipt of a report, submitted under sub-rule (10), forward the investigation report to the Chairperson.
6. Examination of investigation report by Chairpersons
(1) Where an investigation report has been submitted to the Chairperson under rule 5, the Chairperson and the Chairperson of the Committee shall examine the findings and recommendations made in the report, and shall"“
(a) where the investigation report finds or recommends that there is no evidence of professional misconduct or of mental or physical illness, and both Chairpersons are so satisfied, direct the Registrar to inform the complainant of the findings and that no further action shall be taken on the matter, and the Chairperson of the Committee shall report to the Committee accordingly; or
(b) where the investigation report finds or recommends that there is evidence of professional misconduct or of mental or physical illness, direct the Registrar to obtain one or more statutory declarations to be furnished to the Chairperson"™s satisfaction in support of the complaint or information, which shall state"“
(i) the address and description of the declarant; and
(ii) the grounds for the declarant"™s belief in the truth of any fact declared which is within the declarant"™s personal knowledge.
(2) Where an investigation report finds as in paragraph (b) of sub-rule (1), the Chairperson shall direct the Registrar to write to the health practitioner"“
(a) notifying the practitioner of the receipt of the complaint or information and the results of the investigations made into the matter, and indicating the matters which appear to raise a question of the practitioner"™s professional misconduct or mental or physical illness;
(b) forwarding a copy of any statutory declaration furnished under sub-rule (1);
(c) informing the practitioner that the case shall be decided by the Committee on a date to be notified to the practitioner; and
(d) inviting the practitioner to submit to the Council any explanation which the practitioner may have to offer, within seven days of such invitation.
(3) Subject to sub-rules (1) and (2), the Chairperson shall direct the Registrar to refer, within seven days of the receipt of an explanation furnished under sub-rule (2), the investigation report to the Committee, together with any statutory declaration or explanation furnished under sub-rules (1) and (2), respectively.
PART III
PROCEEDINGS RELATING TO PROFESSIONAL MISCONDUCT AND DETERMINATION OF HEALTH OR PHYSICAL CONDITION OF HEALTH PRACTITIONER
7. Functions of Committee in relation to complaint or information
(1) The Committee shall, on receipt of an investigation report, referred to it in rule 6, and in taking any decision on a recommendation made in the investigation report have regard to any statutory declaration or explanation accompanying the investigation report in considering the case against or in respect of the health practitioner and, subject to sub rule (3), determine either"“
(a) that no formal inquiry shall be held in the case by the Committee; or
(b) that the matter in question shall, in whole or in part, be formally inquired into by the Committee.
(2) The Committee may, before coming to a determination, if it considers necessary, cause to be made such further investigations, or obtain such advice or assistance from any legal practitioner, expert or assessor appointed by it, under specific terms of reference as the Committee may determine.
(3) Where the Committee is of the opinion that further investigations, as provided under sub-rule (2), are desirable, the Committee shall inform the Registrar of the investigations required to be undertaken, any copies of any documents to be submitted or any test required to be undertaken by the health practitioner in question before a medical doctor in accordance with sub-section (7) of section 66 of the Act, and specifying a due return date.
8. Where no formal inquiry held
(1) Where the Committee determines that no formal inquiry shall be held in a case referred to it, the Committee shall direct the Registrar to serve a statement of charges and memorandum of agreement, containing the information stipulated in sub-rule (2), on the health practitioner in question and request the health practitioner to consent to the statement, if in agreement, by signing the statement of charges and memorandum of agreement.
(2) A statement of charges and memorandum of agreement shall contain"“
(a) a statement of the facts leading to the filing of the complaint or information;
(b) the act or acts of professional misconduct alleged to have been committed or the alleged basis for determining that the health practitioner has a mental or physical illness;
(c) a statement that the decision not to proceed to a formal inquiry is not to be construed as a finding of either professional misconduct or mental or physical illness or not;
(d) an acknowledgment that a finding of professional misconduct or mental or physical illness, if proven in a formal inquiry, constitutes grounds for discipline under these Rules;
(e) one or more specific findings of professional misconduct or mental or physical illness, or a statement by the health practitioner acknowledging that evidence is sufficient to justify one or more specified findings of professional misconduct or mental or physical illness;
(f) an agreement on the part of the health practitioner that the sanctions set forth under sub-section (5) of section 66 of the Act, may be imposed as part of the agreement not to proceed with a formal inquiry; and
(g) an agreement on the part of the Committee to forego further disciplinary proceedings concerning the allegations.
(3) A statement of charges and memorandum of agreement signed by the Committee and the health practitioner in question, under sub-rules (1) and (2), shall be considered formal disciplinary proceedings for all purposes.
(4) Upon execution of a statement of charges and memorandum of agreement, under sub-rules (1) and (2), by the Committee and the health practitioner, the complaint shall be deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the Committee.
(5) As soon as may be after the signing of the statement of charges and memorandum of agreement, under sub-rules (1) and (2), the Registrar shall give notice of the decision of the Committee to the complainant, if any, and to the health practitioner.
(6) The Registrar shall, when transmitting the decision of the Committee, under sub-rule (5), inform the complainant, if any, of the complainant"™s right to appeal the decision of the Committee under section 68 of the Act.
(7) If the health practitioner declines to agree to disposition of the charges by means of a statement of charges and memorandum of agreement, pursuant to sub-rules (1) and (2), the Committee shall proceed to hold a formal inquiry into the allegations against the health practitioner as specified in the investigation report.
(1) Subject to rule 10, where the Committee determines inquiry that a formal inquiry into any matter, referred to it under sub-rule (3) of rule 6, should be undertaken, the Registrar shall, as soon as the Committee sets a date for the inquiry, which shall be no later than thirty days after the matter was received by the Committee, send to the health practitioner, who is the subject of the allegations, and the complainant, if any, a notice of inquiry which shall"“
(a) specify, in the form of a charge, the matters into which the inquiry is to be held; and
(b) state the date, time and place at which the inquiry is proposed to be held.
(2) Except with the agreement of the health practitioner, the inquiry shall not be fixed for any date earlier than 14 days after the date of the notice of inquiry.
(3) A notice of inquiry shall be in Form I set out in the Schedule.
(4) A notice of inquiry shall be delivered to the health practitioner or sent to the practitioner, by post in a registered letter addressed to the practitioner at the address on the register or at the practitioner"™s last known address, if that address differs from the address on the register and it appears to the Registrar that such service will be more effective.
(5) There shall be sent with any notice of inquiry a copy of the investigation report and these Rules.
(6) Where there is a complainant, a copy of the notice of inquiry and the investigation report shall be sent to the complainant in the same manner as is provided under sub-rule (4).
10. Inquiry into mental or physical illness
(1) Where the Committee determines that a formal inquiry into any matter relating to the mental or physical illness of a health practitioner should be undertaken, the Committee may require the health practitioner to submit to a final mental or physical examination by one or more medical doctors as designated by the Committee, as provided in sub-section (7) of section 66 of the Act.
(2) The Registrar shall provide to the health practitioner, referred to in sub-rule (1), written notice of the Committee"™s intent to order a final mental or physical examination, which notice shall include"“
(a) a statement of the specific conduct, event or circumstances justifying an examination;
(b) a summary of the evidence supporting the Committee"™s concern that the health practitioner has a mental or physical illness and the grounds for believing such evidence to be credible and reliable;
(c) a statement of the nature, purpose, scope, and content of the intended examination;
(d) a statement that the health practitioner has the right to respond, in writing, within twenty days to challenge the Committee"™s grounds for ordering a final examination or to challenge the manner or form of the examination; and
(e) a statement that if the health practitioner responds, timely, to the notice of intent, then the health practitioner shall not be required to submit to the examination while the response is under consideration.
(3) Upon submission of a timely response to the notice of intent to order a final mental or physical examination, the health practitioner shall have an opportunity to respond to or refute such an order by submission of evidence or written argument or both.
(4) The evidence and written argument supporting and opposing the mental or physical examination shall be reviewed by either a panel of the Committee members who have not been involved with the allegations against the health practitioner or a medical doctor approved by the Committee.
(5) The reviewing panel of the Committee or the approved assessor may ask for oral argument from the parties.
(6) The reviewing panel of the Committee or the approved assessor shall prepare a written decision as to whether"“
(a) there is reasonable cause to believe that the health practitioner has a mental or physical illness;
(b) the manner or form of the mental or physical examination is appropriate or both.
(7) The Committee may, on receipt of the written decision submitted under sub-rule (3), or upon the failure of the health practitioner to respond timely to the notice of intent, issue an order requiring the health practitioner to undergo a mental or physical examination.
(8) Mental or physical examinations conducted under this rule shall be narrowly tailored to address only the alleged mental or physical condition and the ability of the health practitioner to practice with reasonable skill and safety.
(9) An order of the Committee requiring the health practitioner to undergo a mental or physical examination, under sub-rule (7), shall not be a final order for purposes of appeal.
(10) The cost of the examinations ordered by the Committee, under this rule, shall be paid out of the Council's account.
(11) In addition to any examinations ordered by the Council under this rule, the health practitioner may submit physical or mental examination reports from registered or certified health practitioners of the health practitioners' choosing and at the practitioner's expense.
(12) If the Committee finds that a health practitioner has failed to submit to a properly ordered mental or physical examination, the Committee may order appropriate action or disciplinary action under these Rules, unless the failure was due to circumstances beyond the health practitioner's control.
(13) The Committee shall not impose any action or disciplinary sanction under sub-rule (12) if"”
(a) the health practitioner has not had the notice and opportunity to"”
(i) challenge the Committee's grounds for ordering the examination;
(ii) challenge the manner and form of the examination;
(iii) assert any other defences; or
(iv) have the challenges or defences considered by either a panel of the Committee members who have not been involved with the allegations against the health practitioner or an assessor approved by the Committee, as provided in this rule; and
(b) the action or disciplinary sanction ordered by the Committee shall be more severe than a suspension of the practising certificate or registration until such time as the health practitioner complies with the properly ordered mental or physical examination.')">*
(14) Notwithstanding any other provision of this rule, a determination by a court of competent jurisdiction that a health practitioner is mentally incompetent shall be presumptive evidence of the health practitioner"™s inability to practice with reasonable skill and safety.
(1) Without prejudice to the other provisions of these Rules, the Registrar shall, on the request of any party to any investigation or inquiry, undertaken under these Rules, send to that party copies of any statutory declaration, explanations, answer, admission or other statements or communication sent to the Council or Committee by a party to the inquiry.
(2) Nothing in this sub-rule shall compel the Registrar to produce copies of any written advice sent to the Council or Committee which would be privileged from discovery in any legal proceedings to which the Council was a party.
(3) Any party to any investigation and inquiry may at any time give to any other party notice to produce any document alleged to be in the possession of that party.
(1) The Chairperson of the Committee may, if the Chairperson considers it necessary, postpone the holding of an inquiry under this Part to such later date as the Chairperson may determine, in consultation with the other members of the Committee.
(2) Where the holding of an inquiry is postponed, as specified under sub-rule (1)"“
(a) the Registrar shall, as soon as may be, give notice of the postponement to every party; and
(b) on the determination of the date on which the inquiry is to be held, the Registrar shall give notice thereof to every party.
13. Amendment of notice of inquiry or charge
(1) Where, before the hearing of any matter under this Part, it appears to the Chairperson of the Committee or, at any stage of the hearing it appears to the Committee, that a notice of inquiry or charge is defective, the Chairperson of the Committee or the Committee, as the case may be, shall give, to the Registrar, such directions for the amendment of the notice or charge as may be necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.
(2) Where, in the opinion of the Chairperson of the Committee, in consequence of the exercise of the powers conferred by sub rule (1), that the inquiry should be postponed or adjourned, the Chairperson of the Committee or the Committee shall give such directions, to all the parties, in that behalf as appears necessary.
(3) The Registrar shall, as soon as may be, give notice in writing to the complainant, if any, and to the health practitioner of any exercise by the Chairperson of the Committee or the Committee of their powers under this rule.
(1) Where the health practitioner does not appear at an inquiry, held under this Part, the Chairperson of the Committee shall call upon the Registrar to satisfy the Committee that the notice of inquiry was received by the health practitioner, and where it does not appear to have been so received, the Committee may nevertheless proceed with the inquiry, if it thinks fit, on being satisfied that all reasonable efforts were made to serve the notice of inquiry on the health practitioner.
(2) Where the health practitioner appears at an inquiry, held under this Part, or, in cases where the health practitioner does not appear and the Committee proceeds with the inquiry, the charge or charges shall first be read to the Committee.
(3) After the reading of the charge or charges, the health practitioner may, if the practitioner so desires, object to the charge or to any part thereof on a point of law or on a point of mixed law and fact, and upon any objection, any other party may reply thereto.
(4) If any objection is upheld, no further proceedings shall be taken by the Committee in relation to the charge, or that part of the charge, to which the objection relates.
(1) In a case where the health practitioner appears at an inquiry, held under this Part, the following order of proceedings shall be observed as respects proof of the charge or charges"“
(a) if a complainant appears, the person shall open the case against the health practitioner or subject to any directions given by the Chairperson of the Committee, if no complainant appears, the Registrar shall present the facts on which the complaint or information is based;
(b) subject to paragraph (a), the complainant shall adduce evidence of the facts alleged in the charge or charges, or of such of those facts as the complainant is prepared to prove;
(c) if as respects any charge no evidence is adduced, the Committee shall record that fact and the Chairperson of the Committee shall announce a finding that the practitioner is not guilty of professional misconduct or in relation to the matter to which that charge relates;
(d) at the close of the case against the health practitioner, the practitioner, if the practitioner so desires, may make either or both of the following submissions as respects any charge as to which evidence has been adduced"“
(i) that sufficient evidence has been adduced upon which the Committee could find that the facts alleged in the charge have been proved; or
(ii) that the facts alleged in the charge are not such as to constitute professional misconduct; and where such a submission is made, any other party may reply thereto;
(e) if a submission is made under paragraph (d), the Committee shall consider and determine whether the submission should be upheld, and if the Committee determines to uphold such a submission as respects any charge, it shall record, and the Chairperson of the Committee shall announce, a finding that the practitioner is not guilty of professional misconduct in relation to the matters to which that charge relates;
(f) as respects any charge to which evidence has been adduced, the health practitioner may adduce evidence in answer to the charge and, whether the practitioner adduces evidence or not, the health practitioner may address the Committee;
(g) at the close of the case for the practitioner, the complainant or the Registrar, as the case may be, may, with the leave of the Committee, adduce evidence to rebut any evidence adduced by the practitioner; and if they do so, the health practitioner may again address the Committee;
(h) the complainant or the Registrar, as the case may be, may address the Committee by way of reply to the practitioner"™s case"“
(i) if oral evidence, not being evidence as to character, other than that of the health practitioner, has been given on the health practitioner"™s behalf;
(ii) with the leave of the Committee, where no oral evidence has been given; or
(iii) without prejudice to paragraph (h), if the health practitioner has made a submission to the Committee on a point of law or point of mixed fact and law, any other party shall have a right of reply, limited to that submission.
(2) In a case where the health practitioner does not appear but the Committee has decided to proceed with the inquiry, only paragraphs (a) to (c) of sub-rule (1) shall apply.
(1) The Committee shall have power to restrict or limit a health practitioner"™s practice, or suspend the practising certificate of the health practitioner, as provided under paragraph (g) of sub-section (5) of section 66 of the Act, pending proceedings by the Committee, which restriction, limitation or suspension shall remain in effect until proceedings by the Committee have been completed and a determination made.
(2) A restriction, limitation or suspension imposed under sub-rule (1), shall take effect immediately upon its being served by the Registrar and, if appealed to a court, shall not be stayed pending the appeal unless the Committee or court to which the appeal is taken enters an order staying the order of the Committee, which stay shall provide for terms necessary to protect the public.
(3) If the Committee determines that the health practitioner poses an immediate threat to public health and safety, the limitation, restriction or suspension imposed, under sub-rule (1), shall remain in effect until the health practitioner no longer poses a threat to public health and safety.
(4) At the conclusion of the proceedings, under rule 14, the Committee shall consider and determine, as respects each charge which remains outstanding, which, if any, of the facts alleged in the charge have been proved to its satisfaction.
(5) If under sub-rule (4), the Committee determines, as respects any charge, either that none of the facts alleged in the charge has been proved to its satisfaction, or that such facts as have been so proved would be insufficient to support a finding of professional misconduct or that the health practitioner has a mental or physical illness, the Committee shall record a finding that the practitioner is not guilty of such misconduct or is not in such a condition in respect of the matters to which that charge relates, and the Chairperson of the Committee shall announce the finding of the Committee.
(6) If under sub-rule (4), the Committee determines, as respects any charge, that the facts, or some of the facts, alleged in the charge have been proved to its satisfaction, and the Committee has not on those facts recorded a finding of not guilty, the Chairperson of the Committee shall invite the complainant or the legal practitioner, as the case may be, to address the Committee and to adduce evidence as to the circumstances leading up to the facts in question, and as to the character and antecedents of the health practitioner.
(7) The Chairperson of the Committee shall then invite the health practitioner, if the health practitioner appears, to address the Committee by way of mitigation and to adduce evidence as aforesaid.
(8) The Committee shall then consider and determine whether in relation to the facts proved, as aforesaid it finds the health practitioner to have been guilty of professional misconduct or that the health practitioner has a mental or physical illness or it determines that the health practitioner has not been so guilty or the practitioner is not mentally or physically ill, it shall record a finding to that effect, and the Chairperson of the Committee shall announce the finding in such terms as the Committee may approve, and as provided under sub-rule (10).
(9) If the Committee determines that the health practitioner has been guilty of professional misconduct or that the health practitioner has a mental or physical illness, it shall further consider and determine whether to impose any penalty under sub-section (5) of section 66 of the Act, and the Chairperson of the Committee shall announce its determination in such terms as the Committee may approve, and as provided in sub-rule (10).
(10) The Committee shall report the signing of any statement of charge and memorandum of agreement under rule 8 and final determinations under this rule to"“
(a) the person who, or body which, brought to the Council"™s or Committee"™s attention information which resulted in the initiation of the case;
(b) appropriate organisations, public or private, which serve the health profession; and
(c) the public, by notification in any news media.
17. Procedure for non-compliance with conditions
(1) Where it appears to the Registrar, whether in consequence of a complaint, in writing, sent to the Council or Committee by any body or person, or in consequence of any other information coming to the notice of the Registrar, that a question arises whether a health practitioner to whom these Rules apply has, pending the completion of the disciplinary proceedings, not complied with any conditions imposed under paragraph (g) of sub-section (5) of section 66 of the Act, the Registrar shall submit the matter to the Chairperson of the Committee.
(2) Unless it appears to the Chairperson of the Committee that the matter need not proceed further"“
(a) the Chairperson of the Committee shall direct the Registrar to refer the matter to the Committee; and
(b) the Registrar shall send to the health practitioner, not later than 28 days before the date fixed for the resumption of the inquiry, a notice which shall"“
(i) specify the day, time and place at which the proceedings are to be resumed and invite the health practitioner to appear before the Committee;
(ii) unless the Chairperson of the Committee otherwise directs, invite the health practitioner to furnish the Registrar with the names and addresses of professional colleagues and other persons of standing to whom the Council could request for information as to their knowledge of the health practitioner"™s character or habits and the practitioner"™s conduct since the time of the commencement of the inquiry; and
(iii) invite the health practitioner to send to the Registrar any statement or statutory declaration, whether made by the health practitioner or not, relating to the practitioner"™s conduct since the hearing of the case or setting out any material facts which have arisen since that hearing.
(3) The notice, issued under sub-rule (2), shall be delivered to the health practitioner or sent to the practitioner by post in a registered letter addressed to the practitioner at the practitioner"™s address on the register or at the practitioner"™s last known address if that address differs from the address on the register and it appears to the Registrar that such service shall be more effective.
(4) A copy of the notice and any statement or statutory declaration sent in accordance with this rule shall be sent to the complainant, if any, and the complainant may in turn, if the complainant so desires, send to the Registrar a statement or statutory declaration, whether made by the complainant or not, concerning any matter raised by the health practitioner.
(5) At the meeting at which the disciplinary proceedings are resumed, the Chairperson of the Committee shall first invite the Registrar to recall, for the information of the Committee, the circumstances in which the penalty mentioned in paragraph (g) of sub-section (5) of section 66 of the Act was imposed on the health practitioner and, thereafter, the Committee may"“
(a) hear any other party to the proceedings; and
(b) receive such further oral or documentary evidence in relation to the conduct of the health practitioner since the previous hearing as it thinks fit.
(6) The validity of any resumed proceedings of the Committee under this rule shall not be called into question by reason only that the Committee is constituted in a different manner to that in which it was constituted at the previous hearing.
18. Inquiries into charges against two or more practitioners
Nothing in this part shall be construed as preventing one inquiry being held into charges against two or more health practitioners and where such an inquiry is held, the foregoing rules shall apply with the necessary adaptations and subject to any directions given by the committee as to the order in which proceedings shall be taken under any of these rules by or in relation to the several health practitioners.
PART IV
GENERAL PROVISIONS
19. Proceedings relating to restoration of registration
(1) A health practitioner whose registration or practising certificate has been suspended or struck off the register may petition the Committee for reinstatement, after an interval as may be determined by the Committee, unless the Committee has found, during a disciplinary inquiry, that the health practitioner can never be rehabilitated or can never regain the ability to practice with reasonable skill and safety.
(2) Subject to sub-rule (3), the Committee shall hold hearings on any petition, made under sub-rule (1), and may deny the petition or may order restoration on the register and impose such terms and conditions on the restoration to the register.
(3) Subject to any directions given by the Chairperson of the Committee, a petition for restoration of the name of the petitioner to a register shall not be considered by the Committee unless and until it has been supported by a statutory declaration made by the petitioner in Form II set out in the Schedule, and by a certificate of identity and good character given by a fully registered health practitioner in Form III set out in the Schedule and the health practitioner may also submit certificates and other documentary evidence as to the petitioner"™s conduct since erasure from the register.
(4) At the hearing of the petition, the Chairperson of the Committee shall first invite the Registrar to recall the circumstances in which the petitioner"™s name was erased from the register, and, if the Registrar so desires, to address the Committee and to adduce evidence as to the conduct of the petitioner since that time.
(5) The Chairperson of the Committee shall next invite the petitioner to address the Committee, and, if the petitioner so desires, to adduce evidence as to the petitioner"™s conduct since erasure from the register.
(6) The Committee may, if it thinks fit, receive observations on the petition from the university or other examining authority which granted the qualification by virtue of which the petitioner was originally registered.
(7) Subject to the other provisions of this rule, the procedure of the Committee in connection with such petitions shall be such as it may determine.
(1) A meeting of the Committee may be summoned at any time by direction of the Chairperson of the Committee and may be adjourned from time to time as the Committee considers necessary in the circumstances of each case.
(2) Meetings of the Committee shall, except in so far as the Chairperson of the Committee may otherwise direct, be held at the offices of the Council.
21. Summons for attendance of witness and production of book, record, document or other information
A summons requiring the attendance of a witness before the Committee and the production of any book, record, document or other information shall be in Form IV set out in the Schedule and shall be served either"“
(a) personally upon such person, any agent of such person authorised to accept service on that person"™s behalf, or any adult member of the family of such person; or
(b) by registered letter addressed to the person at the last known address of that person.
22. Admission and exclusion of public
All proceedings before the Committee shall be held in camera.
(1) Where any health practitioner or petitioner has supplied to the Committee or to the Registrar on behalf of the Committee the name of any person to whom reference may be made confidentially as to the person"™s character or conduct, the Committee may consider any information received from such person in consequence of such reference without disclosing the same to the health practitioner or petitioner.
(2) The Committee may receive as evidence any such oral, documentary or other matter as it considers necessary, except that, where any matter is tendered as evidence which would not be admissible as such if the proceedings were criminal proceedings in Zambia, the Committee shall receive it if it is satisfied that its duty of making due inquiry into the case before it makes it desirable.
(3) The Committee may cause any person to be called as a witness in any proceedings before it whether or not the parties consent thereto.
(4) In proceedings before the Committee, under these Rules, questions may be put to any witness by any of the parties to the proceedings, by any member of the Committee, the Registrar and the Chairperson of the Committee.
(1) Any party may appear by any officer or person duly appointed for the purpose or by a legal practitioner.
(2) Any party being an individual may appear either in person or by a legal practitioner or by any officer or member of any organisation of which the party is a member.
Without prejudice to any other requirement of these Rules as to the service of documents by registered post, any notice authorised or required by these Rules may be sent by post.
Any party to proceedings of the Committee shall, on application to the Registrar, be furnished by the Registrar with any part of the records of the proceedings at which the parties were entitled to be present.
27. Revocation of Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982
The Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982, are hereby revoked.
[Rules 9(3), 19(3) and 21]
FORM 1
[Rule 9 (3)]
NOTICE OF INQUIRY
Date......................
Sir/Madam,
On behalf of the Health Professions Council of Zambia notice is hereby given to you that in consequence of (a complaint made against you to the Council) or (information received by the Council) an inquiry is to be held into the following charge (charges) against you: ..................................................................................................
That, being registered under the Health Professions Act, 2009, on the register of fully (provisionally) (temporarily) registered ...................................... you (set out briefly the facts alleged); and that in relation to the facts alleged you are alleged to be guilty of professional misconduct or are alleged to be mentally and physically incompetent to the prejudice of the safety of your patients.
(Where there is more than one charge, the charges are to be numbered consecutively.)
Notice is further given to you that on............ (day of the week), the......................day of ............................ 20... a meeting of the Disciplinary Committee will be held at ............................................... at ...................... hours to consider the above - mentioned charged (charges) against you, and to determine whether or not it should impose any of the penalties mentioned in section 66 (5) of the Health Professions Act, 2009.
................................................................................
Registrar to the Health Professions Council of Zambia
You are hereby invited to answer, in writing, the above-mentioned charge (charges) and also to appear before the Disciplinary Committee at the place and time specified above, for the purpose of answering it (them). You may appear in person or by a legal practitioner, or by any officer or member of any organisation of which you are a member. The Disciplinary Committee has power, if you do not appear, to hear and decide upon the said charge (charges) in your absence.
Any answer, admission, or other statement or communication, which you may desire to make with respect to the said charge (charges), should be addressed to the Registrar. If you desire to make any application that the inquiry should be postponed, you should send the application to the Registrar as soon as may be, stating the grounds on which you desire a postponement. Any such application will be considered by the Chairperson of the Committee in accordance with these Rules.
A copy of the Health Professions (Disciplinary Proceedings) Rules, 2012, is sent herewith for your information
..........................................................................................
Registrar to the Health Professions Council of Zambia
FORM 2
[Rule 19 (3)]
STATUTORY DECLARATION BY APPLICANT
I , .................................................... now holding the qualification of ................................................ do solemnly and sincerely declare as follows"“
1. THAT I am the person formerly registered on the full (provisional) (temporary) register with the name ........................................ and with the qualification of ............................. and I hereby apply for the restoration of my name to that register.
2. THAT at an inquiry held on the ......................... day of ........................ 20......... the Disciplinary Committee directed the erasure of my name from the said register I have been residing at ....................... and my occupation has been ....................................................
3. THAT since the erasure of my name from the said register I have been residing at.................................. and my occupation has been ....................................................................................................................
4. THAT it is my intention if my name is restored to the said register to ...............................................................................................................................................................................................................................................................................................................................................................
5. THAT the grounds of my application are.....................................................................................................
AND I make this solemn declaration, conscientiously believing the same to be true.
..........................................
Signature of Applicant
Date: ..................................................................
BEFORE ME
.........................................
Commissioner for Oaths
FORM 3
[Rule 19(3)]
CERTIFICATE OF IDENTITY AND GOOD CHARACTER
I ..................................................... of .......................... certify as follows"“
1. THAT I have read the statutory declaration made on the .......................... day of ....................... 20..... by ...............................................................
2. THAT the said .............................................. is the same person as ........................ who was formerly registered on the register of fully (provisionally) (temporarily) registered .......................... with the following address and qualifications.
3. THAT I have been and am well acquainted with the said .................................... both before and since his name was erased from the said register, and I believe him to be now a person of good character, and the statements in the said declaration are, to the best of my knowledge and belief, true.
Signature ............................................................................
Registered Address ...........................................................
Registered Qualifications and full Registration ...................
Certificate ...........................................................................
Number ................................................................................
Date .....................................................................................
FORM 4
[Rule 21]
SUMMONS TO APPEAR BEFORE THE DISCIPLINARY COMMITTEE OF THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA
To: ...........................................
(Name of person summoned, that person's calling and residence)
YOU ARE HEREBY SUMMONED to appear at ...................................................... (place) on .................................................. (day of the week), the ............................ day of ............................... , 20................ , at ........................ hours before the Disciplinary Committee of the Health Professions Council established under the Health Professions Act, 2009, to give evidence respecting .............................. (if the person summoned is to produce any book, record, document or thing, add) and you are required to bring........................................................... (Specify the book, record, document or thing required.) GIVEN under my hand at .................... this .............................. of .................. 20...
................................................................................
Chairperson, Health Professions Council of Zambia{/mprestriction}