Private Medical Institutions (Registration) act

Arrangement of Sections

1. Short title.

2. Private Medical Institutions and persons operating them to be registered.

3. Application for registration.

4. Effect of registering.

5. Registration of existing Private Medical Institutions.

6. Private Health Services Regulatory Council.

7. Council to be a body corporate.

8. Seal of the Council.

9. Objects of the Council.

10. Duties and functions of the Council.

11. Council to delegate its duties and functions.

12. Fund of the Council.

13. Accreditation of Private Medical Institutions.

14. Power to enter and inspect.

15. Offences.

16. Penalties.

17. Offences committed by a body of persons.

18. Regulations.

19. Rules.

20. Interpretation.

21. Repeals.

22. Sinhala text to prevail in case of inconsistency.

21 of 2006.

AN ACT to provide for the registration, regulation, monitoring and inspection of Private Medical Institutions; and to foster the development of, Private Medical Institutions; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 14th July, 2006]

1. Short title.

This Act may be cited as the Private Medical Institutions (Registration) Act.

2. Private Medical Institutions and persons operating them to be registered.

(1) No person shall—

(a) establish or maintain on any specified premises; or

(b) operate or permit any other person to operate,

a Private Medical Institution, except under the authority of a Certificate of Registration issued in that behalf in terms of the provisions of section 4 of this Act.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

3. Application for registration.

(1) Every application for a Certificate of Registration shall be made to the Private Health Services Regulatory Council through the respective Provincial Director of Health Services in the prescribed form and shall be accompanied by the prescribed fee, and all other relevant documents.

(2) On receipt of the applications under subsection (1), the Private Health Services Regulatory Council shall where the Private Medical Institution and premises to which the relevant application relates satisfies the criteria as may be prescribed, inform the Provincial Director of Health Services of the respective Province that the Council has no objection to the registration of such Institution and premises and direct the respective Provincial Director of Health Services to—

(a) register the Private Medical Institution and its premises with the Private Health Services Regulatory Council and register the applicant as the person registered to maintain such Institution; and

(b) forward to the applicant the Certificate of Registration in the prescribed form.

(3) A Certificate of Registration granted under this section shall be valid for such period as shall be specified therein.

(4) A Certificate of Registration shall be renewed on application being made in that behalf in the manner specified in subsection (1), prior to one month of the date of expiry of such Registration and on payment of the prescribed renewal fee.

(5) Fifty per centum of the fees collected by each Provincial Director of Health Services under this section shall be remitted to the respective Provincial Council.

(6) The Provincial Director of Health Services of the Province shall in carrying out his duties, act in compliance with such guidelines as are prescribed under this Act, relating to the registration of Private Medical Institutions.

4. Effect of registering.

(1) Where any Private Medical Institution is being operated or maintained by any person on any premises without being registered as required by section 2, the Provincial Director of Health Services shall inform the Private Health Services Regulatory Council of such fact and the Regulatory Council shall thereupon issue a directive to such Institution to forthwith register such Institution with the Regulatory Council within such period as shall be specified in such directive.

(2) Non-compliance with a directive issued by the Regulatory Council under subsection (1) shall be an offence under this Act.

(3) Where any person or institution convicted of an offence under subsection (2) continues to commit such offence after a period of one month from the date of such conviction, the Magistrate may upon application for a closure order being made by the Regulatory Council, order the closure of that Private Medical Institution being maintained on such premises, until the institution or person convicted complies with the directive issued by the Council under subsection (1).

5. Registration of existing Private Medical Institutions.

(1) Any person or body of persons who is on the appointed date, operating or maintaining a private medical Institution at any premises shall, within three months from the appointed date, take such steps as are necessary to register himself and the premises concerned with the Private Health Services Regulatory Council.

(2) In giving effect the provisions of subsection (1), the provisions of section 2, section 3 and section 4 of this Act shall, mutatis mutandis apply, to and in relation thereto.

6. Private Health Services Regulatory Council.

(1) There shall for the purposes of this Act be established a Private Health Services Regulatory Council (in this Act referred to as "the Council”), which shall consist of—

(a) the following members appointed by the Minister (hereinafter referred to as "appointed members”)—

(i) a representative each to represent each of the associations hereinafter set out, nominated by the respective association—

(a) the Independent Medical Practitioners Association;

(b) the Sri Lanka Dental Association; and

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