Health Professions Act, 2009

1. (1) The Council shall consist of the following part- Composition time members appointed by the Minister: of Council (a) the President of the General Nursing Council of Zambia; (b) the Permanent Secretary of the Ministry responsible for health; (c) the Dean of the School of Medicine; (¿1 ) the Director of (he University Teaching Hospital; (c) a representative of the Defence Forces Medical Services; #)a representative from (he Ministry responsible for science and technology; fg) two members of the public who have distinguished themselves in the service of the public; (h) a representative of the Pharmaceutical Regulatory Authority; f/>a representative of the Attorney General; (j)a representative of the Zambia Medical Association; (k) a representative of (he Facility of General Practitioners; (l)^ representative of the Churches Health Association of Zambia; " (nt) a dental surgeon from the Dental Association of Zambia; (n) a representative of the Pharmaceutical Society of Zambia; and (o) a representative of any four other health professions nominated by the chairperson of the health professional body of that health profession. (2) The Minister shall, on receiving the names of the proposed representatives under subsection (2), consider the nominations and may reject any nomination: Provided that where the Minister rejects any proposed representative, the Minister shall direct the organisation or institution which proposed the representative to avail the Minister with the name of another representative. (3) The Chairperson and the Vice-Chairperson of the Council shall be appointed by the Minister from amongst the members of the Council. (4) A person shall not be eligible for appointment as a member of the Council if— (a) that person is under any written law, adjudged or otherwise declared to be of unsound mind; or (b) that person is adjudged or declared bankrupt under any written law in Zambia; or s (c) that person has been convicted of an offence under this Act. the Pharmaceutical Act, 2004, or any other law relating to the practise of medicine. U of Sealop 2, (]) The Seal of the Council shall be such device as may be determined by the Council and shall be kept by the Registrar. (2) The Chairperson or the Vice Chairperson, the Registrar or any other person authorised by a resolution of the Council to so act, shall authenticate the affixing of the seal. (3) Where a contract or instrument is not required to be under seal, the Registrar or a person authorised by the Council in that behalf, may execute the contract or instrument on behalf of the Council without seal. (4) A document purporting to be a document under the seal of the Council or issued on behalf of the Council, shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved. Tenure of 3« (1) A member of the Council shall, subject to the other office and provisions of this Schedule, hold office for a term of three years number and ,nay be re-appointed for a further term of three years. (2) Upon the expiration of the term for which a member is appointed, the member shall continue to hold office until another member is appointed, but in no case shall any extension of the period exceed three months. (3) I he office of a member shall be vacated—: (a) upon the member’s death; (b) if the member is adjudged bankrupt; (c) if the member is absent from three consecutive meetings of the Council, of which the member has had notice, without the prior approval of the Council; (d) upon the expiry of one month’s notice of the member’s intention to resign, given by the member in writing to the Minister; (e) if the member becomes mentally or physically incapable of performing duties as a member; 69 if the Minister is satisfied that the continuation of that health practitioner as a member will be prejudicial to the interest of the health profession; (g) in the case of members of the Council registered under this Act, if the member’s registration is cancelled; 00 if the member is removed by the Minister; or 0) if the member is convicted of an offence under this Act or any other law. (4) Where there is a vacancy in the membership of the Council before the expiry of the term of office, the Minister shall appoint another person to replace the member who vacates office but that person shall only hold office for the remainder of the term,

4- (1) Subject to the other provisions of this Act, the Council Proceedings may regulate its own procedure. of Council (2) The Council shall meet for the transaction of business at least twice in every three months at such places and times as the Council may determine. (3) Upon giving notice of not less than fourteen days, a meeting ofthc Council may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called upon giving a shorter notice. (4) Twelve members of the Council shall constitute a quorum. (5) There shall preside at a meeting of the Council—• (a) the Chairperson; (b) in the absence of the Chairperson, the Vice- Chairperson; or (c) in the absence of the Chairperson and the Vice­ Chairperson, a member of the Council a^'thc members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the eventofan equality of votes, the person presiding at the’meeting shall have, in addition to a deliberative vote, a casting vote. (7) Where a member is for any reason unable to attend the meeting of the Council; the member may, in writing, nominate another person from the same organisation to attend a meeting in that member’s stead and such person shall be deemed to be a member for the purpose of that meeting. (8) The Council may invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of a meeting of the Council, but that person shall have no vote. (9) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or any defect in the appointment of any member or by reason that any person not entitled to do so, took part in.the proceedings. . (10) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and committee established by the Council.

5. (I) The Council may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee such functions of the Council as it considers necessary. (2) The Council may appoint as members of a committee constituted under sub-paragraph (1), persons who arc or are not members of the Council and such persons .shall hold office for such period as the Council may determine. (3) Subject to any specific or general direction of the Council, any committee constituted under this paragraph may regulate its own procedure. Committees Allowances

6. A member of the Council or any committee thereof shall be paid such allowances ns the Council may, with the approval of the Minister, determine.

7. (1) If any person is present at a meeting of the Council or a Disclosure committee of (he Council at which any matter, in which that person °r interest or any member of the persons immediate family is directly or indirectly interested in a private capacity, is the subject of consideration, that person shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council or the committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to that matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which the disclosure is made.

8. (1) A person shall not, without the consent in writing given by or on behalf ofthc Council, publish or disclose to any unauthorised person, otherwise than in the course of that person’s duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person’s knowledge in the course of that person’s duties under this Act. Prohibition of publication of, or disclosure of information to unauthorised person (2 ) A person who contravenes subparagraph (1) commits an offence and is liable, upon conviction, to a fmc not exceeding two hundred thousand penalty units or to imprisonment to a period not exceeding two years, or to both. (3 ) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (I), unlawfully publishes or communicates the information to any other person, the person commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penally units or to imprisonment for a period not exceeding two years, orlo both. (4 ) Nothing in this section shall be interpreted to prohibit the publication and dissemination of final decisions of the Council with respect to the revocation of registration, practising certificates, licences or accreditation.

9. An action or other proceeding shall not lie or be instituted against a member of the Council, a committee of the Council or a member of sthffof the Council, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of the Immunity of member and staff powers, functions or duties conferred under this Act. 390 ------- -^No. 24 of 2009] PART II Financial Provisions Funds Council

10. (1) The funds of the Council shall consist of such moneys as may (a) be appropriated by Parliament; (b) be paid to the Council by way of fees, levy, grants or donations; or (c) vest in or accrue to the Council. (2) The Council may— (a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia; (b) raise by way of loans or otherwise, moneys as the Council may require for the discharge of the Council’s functions; or (c) in accordance with the regulations made under this Act, charge and collect fees for services provided by the Council. (3) There shall be paid from the funds of the Council— (a) the salaries, allowances and loans of members of staff of the Council; (b) reasonable traveling, transport and subsistence allowances for members of the Council or members of any committee of the Council when engaged in the business of the Council, at such rates as the Council may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Council in the performance of the Council’s functions. (4) The Council may invest, in such manner as the Council thinks fit, funds that the Council does not immediately require for the performance of the Council’s functions.

11. The financial year of the Council shall be the period of twelve months ending on 3111 December in each year.

12. (I) The Council shall cause to be kept proper books of accounts and other records relating to the Council’s accounts. Financial year Accounts and audit (2) The accounts of the Council for each financial year shall be audited by one or more persons who publicly carry on the profession of accountants in Zambia,..and who shall be appointed auditors to the Council by (he Council with the approval of the Auditor-General. (3) The Council shall, not later than six months after the end of each financial year of (he Council, submit to the Minister a report of its activities together with a copy of its audited accounts for that financial year, and the Minister shall not later than fourteen days after the first sitting of the National Assembly next after the receipt of the report, lay it before the National Assembly. I P *1 Staff of Coluteti Transfer of assets and liabilities SECOND SCHEDULE (Section 77) Savings and Transjtional Provisions ■ 1, (1) For the avoidance of doubt, a person who, before the commencement of this Act, was an officer or employee of the former Council, shall continue to be an officer or employee of the Council, as the case maybe, as if appointed or employed under this Act. (2) The service of the persons referred to, in subparagraph (1) shall be treated as continuous service. (3) Nothing in this Act, affects the rights and liabilities of any person employed or appointed by the former Council before the commencement of this Act.

2. (1) On or after the commencement of this Act, there .shall be transferred to, vest in and subsist against the Council by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before that date were the assets, rights, liabilities and obligations ofthe former Council. (2 ) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the former Council was a party immediately before the commencement of this Act whether or not of such a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect ns if— (a) the Council had been party to it; (b) for any reference to the former Council there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Council; or (c) for any reference to any officer of the former Council, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officer of the Council as the Council shall designate. 1 i * ) Where under this Act, any assets, rights, liabilities and (3 obligations of the former Council are deemed to be transferred to the Council in respect of which transfer a written law provides for registration, the Council shall make an application in writing to the appropriate registration authority for registration of the transfer. (4)The registration authority, referred to in subparagraph (2), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the properly or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.

3. (1) Any legal proceedings or application of the former Council pending immediately before the commencement of this Act by or against the former Council may be continued by or against the Council. Legal proceedings (2) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, hold, enjoyed, incurred or suffered by the former Council, may be instituted by or against the Council.