Health Service Commission Act

This Act may be cited as the Health Service Commission Act, 2001.

This section provides definitions for terms used in the Act, including Chairperson, Commission, currency point, health professional, health worker, Minister and Secretary.

Public officers who constitute the health service include health professionals and administrative, scientific and support staff (the latter as may be appointed by the Commission).

The Commission must have any additional officers and employees needed to perform its functions; those officers and employees are public officers; the Commission may direct (other than the Secretary) officers to take the oath in Part II of the Third Schedule.

The Commission must observe natural justice in disciplinary matters, ensure procedural rights for officers, have meetings presided over by the Chairperson (or deputies/designate), require concurrence of a majority for decisions, maintain a quorum of four, may act despite absences or vacancies, and may prescribe its own procedure.

Members, employees and other persons performing Commission functions are not personally liable to civil proceedings for acts done in good faith while performing those functions.

Parliament must prescribe and charge the Commission's emoluments to the Consolidated Fund; Parliament must provide adequate resources; the Commission must be self-accounting and liaise with the finance Ministry; the Commission's funds may include grants and donations with the finance Minister's approval.

The Commission must have a seal; the Commission may determine its form and the circumstances in which it is applied, subject to any law.

The President must appoint the Chairperson, Deputy Chairperson and five other Commission members with Parliament's approval; the Chairperson must be a Senior Medical Practitioner eligible as a Senior Consultant; at least three members must have substantial human health science experience; a person is disqualified from membership unless of high moral character and proven integrity.

Every member of the Commission must take and subscribe the Oath in Part I of the Third Schedule before assuming their duties as Commissioner.

People who hold specified offices must relinquish that office when appointed as a member of the Commission; all Commission members must serve full‑time on contract terms.

The Chairperson is the head of the Commission, responsible for its administration and for monitoring and supervising the Secretary and other staff; the Deputy Chairperson deputizes in the Chairperson's absence and performs duties assigned by the Chairperson.

Section sets out the Commission's functions: to advise the President on health-service matters, appoint and discipline health-service officers, review terms and conditions and make recommendations to government, perform other prescribed functions, produce an annual report addressed to Parliament and remain independent of direction while taking account of government health policy.

Creates a Secretary for the Commission: the Secretary is a public officer appointed by the President on the advice of the Public Service Commission and must perform administrative, financial and secretarial duties subject to the Commission's control, take an oath before assuming office, may attend meetings but has no vote unless the Commission directs otherwise.

If a presidential function is delegated to the Commission under clause (3) of article 172 of the Constitution, the Commission may perform that function without seeking or acting on anyone's advice.

Before advising the President to appoint someone to a Health Service office under article 172, the Commission may, if it considers it expedient, consult the Judicial Service Commission, the Education Service Commission or the Public Service Commission.

The Commission may require any person to attend and give evidence and to produce documents, and may cause witnesses to be examined on oath or affirmation.

Persons (with a specified narrow exception) who wilfully fail to produce documents required by the Commission under section 17 commit an offence and face a fine of up to five currency points or up to three months' imprisonment or both.

People summoned as witnesses before the Commission are entitled to reimbursement of expenses at the High Court witness rates; other persons invited to meetings may be paid reasonable allowances; the Commission may reimburse interview travel expenses; aggrieved persons may appeal.

A witness before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

It is an offence for any person, other than in the course of duty, to influence Commission decisions; and it is an offence to wilfully give false information to the Commission. Both offences carry fines or up to twelve months' imprisonment.

No person may produce or disclose certain communications in legal proceedings unless the Chairperson gives written consent.

Members, officers of the Commission and others must not publish or disclose Commission-related documents or information without written consent or outside official duties; persons who further publish information known to have been disclosed unlawfully also must not do so.

A prosecution for an offence under this Act may not be started without the consent of the Director of Public Prosecutions.

The Commission may delegate functions in writing; it must issue guidelines for District Service Commissions and must render advice to districts on personnel management in the district health service.

District Service Commissions must consider section 25 when performing functions relating to health-service personnel; they must report to the Health Service Commission every four months and when required; they shall use Health Service Commission guidelines in disciplinary hearings.

The Commission may liaise and consult with other Service Commissions established by the Constitution to harmonize standing orders, regulations and remuneration of public officers.

The Commission must consult the Minister from time to time on matters of health policy when carrying out its functions.

All health workers must observe this Part of the Act as a code of conduct.

Health workers must prioritize patient safety and interest, respect patients, obtain consent for treatment (with emergency and minor exceptions), protect confidentiality (with best-interest exceptions), avoid bribery, and not abandon patients.

Health workers must not act or omit actions that harm public interests or safety, must promote effective health services, and must notify authorities of community health hazards.

A health worker shall abide by rules and regulations governing the place of work and shall conform with the expectations of the health unit and strive to fulfil the mission of the institution.

Health workers must observe the law and ethical principles, respect patient confidentiality (except when law requires disclosure), maintain professional competence through continuing education, be registered, notify the public of services, not advertise or act discreditably or under the influence of alcohol, and may join the national association; the Commission prescribes proof of continuing education.

Health workers must cooperate with professional colleagues and must recognize and respect each other’s expertise to provide holistic care.

Health workers must not participate in health research that does not conform with national and internationally accepted guidelines.

The Commission may make regulations by statutory instrument for matters including its organisation, consultation, and any measures necessary to give effect to the Act.

The Commission must make standing orders for the administration and conduct of the health service and for terms and conditions of service in the health service.

Employees of the Ministry of Health who were in service immediately before this Act must continue as members of the health service on terms not less favourable; district employees at commencement remain district employees but form part of the health service; the Public Service Commission may make arrangements (including transfers) to implement this without prejudicing officers' interests.

The Minister may, with the approval of the Cabinet and by statutory instrument, amend the First or Second Schedule to this Act.