chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Scouts Act, 1993

20. Provisions relating to Employees: (1) Nepal Scout shall have employees as necessary.

(2) Provisions relating to the posts, qualifications, remuneration and conditions of service and facilities of employees pursuant to sub-section (1) shall be as prescribed. 21. Fund of Nepal Scout: (1) Nepal Scout shall have a separate fund, which shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,

(b) Amount received from international organizations, foreign governments or agencies,

(c) Amount provided by any person or institution as donation or assistance,

(d) Amount received from membership fees, and

(e) Amount received from any other source.

(2) When Nepal Scout receives any amount pursuant to clause (b) of sub-section (1), it shall obtain the approval of the Government of Nepal.

(3) The amount in the Fund of Nepal Scout shall be deposited by opening an account in any bank within Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 and the operation of the account shall be as prescribed.

(4) All expenses incurred by Nepal Scout shall be borne from the Fund referred to in sub-section (1). 21. Accounts and Audit: (1) The accounts of income and expenditure of Nepal Scout shall be maintained in accordance with the prevailing law.

(2) The audit of Nepal Scout shall be conducted by an auditor appointed by the National Council. 22. Annual Report to be Submitted: The Chief Scout shall submit the annual report of Nepal Scout to the Patron. 23. Power to Constitute Committee, Sub-committee or Task Force: (1) For the fulfillment of the objectives of Nepal Scout, the National Executive Committee may constitute committees, sub-committees or task forces as necessary.

(2) The functions, duties and powers of a committee, sub-committee or task force constituted pursuant to sub-section (1) shall be as specified by the National Executive Committee. 24. Delegation of Powers: (1) The National Council may, as necessary, delegate some of the powers conferred to it under this Act or the rules made under this Act to the National Executive Committee, the Chief Commissioner or the Secretary.

(2) The National Executive Committee, the Chief Commissioner or the Secretary may, as necessary, entrust some of the powers conferred to them under this Act or the rules made under this Act to any body or officer. 25. Liaison with Government of Nepal: Nepal Scout shall maintain liaison with the Government of Nepal through Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.the Ministry of Youth and Sports. 26. Power to Make Rules: The National Council may make necessary rules to implement the objectives of this Act. 27.
Nepal Health Professional Council Act, 1997

Nepal Health Professional Council Act, 2053

Royal Seal and Publication Date
2043.1.3
Certification and Publication Date

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7
2. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 30 of the year 2043



An Act Made to Provide for the Nepal Health Professional Council

Preamble: Whereas, to make the health service of Nepal effective in a timely manner, it is desirable to establish a Health Professional Council to systematically and scientifically mobilize the services of health professionals other than doctors and nurses eligible for registration under the Medical Council Act, and to make provision for registering their names according to their qualifications,

Now, therefore, Parliament has enacted this Act in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "Nepal Health Professional Council Act, 2043."

(2) This Act shall come into force at such place on such date as the Government of Nepal may appoint by notification published in the Nepal Gazette. Appointed to come into force throughout Nepal from date 2044.2.21 (Nepal Gazette dated 2044.2.21). 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(1) "Council" means the Nepal Health Professional Council established pursuant to section 3.

(2) "Chairperson" means the Chairperson of the Council.

(3) "Member" means a member of the Council, and this word also includes the Chairperson.

(4) "Health profession" means the treatment, diagnosis, prevention of a patient's disease, or any work related to the health profession.

(5) "Health professional" means a person who has obtained the prescribed minimum qualification and is engaged in the health profession.

(6) "Register" means the register established for registering the names of health professionals under this Act.

(7) "Registered health professional" means a health professional whose name is registered in the register.

(8) "Committee" means a committee formed pursuant to section 12.

(9) "Registrar" means a person appointed or designated pursuant to section 13.

(10) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules or regulations made under this Act. 3. Establishment of the Council: A Health Professional Council is established for the purpose of registering the names of health professionals according to their qualifications in order to operate health services in an organized manner. 4.
Nepal Health Professional Council Act, 1997

3. Establishment of the Council: A Health Professional Council is established for the purpose of registering the names of health professionals according to their qualifications in order to operate health services in an organized manner. 4. Composition of the Council: (1) The Council established pursuant to section 3 shall consist of the following members:-

(a) A person nominated by the Government of Nepal from among persons who have obtained a postgraduate degree in a subject related to the health profession and have been engaged in the health profession for at least 5 years – Chairperson

(b) The President of the Nepal Health Technician Association, or a representative designated by him/her – Member

(c) The President of the Nepal Pharmaceutical Association, or a representative designated by him/her – Member

(d) The President of the Nepal Radiological Society, or a representative designated by him/her – Member

(e) Three registered health professionals nominated by the Government of Nepal, on the recommendation of the Nepal Health Technician Association, from the subject groups of Pathology, Physiotherapy, Public Health – Members

(f) Four health professionals elected from among themselves by registered health professionals as prescribed – Members

(g) The Dean of the Institute of Medicine, or a representative designated by him/her – Member

(h) Representative, Nepal Medical Council – Member

(2) The Government of Nepal may, after consultation with the Council, by notification published in the Nepal Gazette, increase, decrease or rearrange the members of the Council.

(3) The Council may, if it deems necessary, invite any domestic or foreign expert in the field of medical profession to participate in the meeting as an observer.

(4) Until the Council is formed, the Government of Nepal may form a committee covering the areas mentioned in section 4 to perform the work to be done by the Council. The term of the committee so formed shall be a maximum of one year. 5. Council to be an Autonomous Body: (1) The Council shall be a self-governing and corporate body with perpetual succession.

(2) The Council shall have a separate seal for all its work.

(3) The Council may acquire, possess, sell, dispose of, or otherwise manage movable and immovable property like a person.

(4) The Council may sue and be sued in its own name like a person. 6. Term of Office of Members: (1) The term of office of nominated or elected members of the Council shall be three years. After the expiry of the term, they may be re-nominated or re-elected.

(2) If the office of a member falls vacant before the expiry of the term, another member shall be nominated or elected for the remaining term. 7.
Nepal Health Professional Council Act, 1997

After the expiry of the term, they may be re-nominated or re-elected.

(2) If the office of a member falls vacant before the expiry of the term, another member shall be nominated or elected for the remaining term. 7. Disqualification for Membership: A person shall be disqualified from being nominated or elected as a member of the Council or from continuing as a member if he/she:-

(1) is a non-Nepali citizen,

(2) has had his/her name removed from the register,

(3) has been convicted by a court of a criminal offense involving moral turpitude, or

(4) is of unsound mind. 8. Circumstances for Termination of Membership: Membership of the Council shall be deemed to have terminated in the following circumstances:-

(1) If the member becomes disqualified to remain a member pursuant to section 7,

(2) If the resignation tendered from the office of member is accepted,

(3) Upon death, or

(4) If the member remains absent from more than three consecutive meetings of the Council without giving notice to the Council stating the reason. 9. Powers, Duties and Functions of the Council: The powers, duties and functions of the Council shall be as follows:-

(1) To determine necessary policies for the smooth operation of work related to the health profession.

(2) To determine policies relating to the curriculum, admission conditions and examination system of teaching institutions providing study and teaching related to health professionals, and to evaluate and review such matters.

(3) To determine the qualifications of health professionals and make provision for registering the names of health professionals who meet the qualifications. 10. Meetings and Decisions of the Council: (1) Meetings of the Council shall be held as determined by the Chairperson.

(2) Meetings of the Council shall ordinarily be held three times a year, and the Chairperson may call additional meetings if deemed necessary.

(3) The meeting of the Council shall be presided over by the Chairperson. In his/her absence, the meeting shall be presided over by a person chosen by the members from among themselves.

(4) The presence of fifty percent of the total number of members of the Council shall constitute a quorum for a meeting of the Council.

(5) The decision of the majority in a meeting of the Council shall prevail, and in case of a tie, the person chairing the meeting shall have a casting vote.

(6) Decisions of the Council shall be certified by the Registrar.

(7) Allowances and other facilities payable to members for participating in meetings shall be as prescribed.

(8) Other procedures relating to meetings of the Council shall be as determined by the Council itself. 11.
Nepal Health Professional Council Act, 1997

11. Delegation of Powers: The Council may delegate its powers to the Chairperson, a member, or a committee of members as prescribed, as necessary. 12. Committee: (1) The Council may form committees relating to various subjects as prescribed for implementing the decisions of the Council.

(2) The powers, duties and functions of a subject committee formed pursuant to subsection (1), and other procedures relating to its meetings, shall be as prescribed by the Council. 13. Registrar: (1) The Government of Nepal may appoint or designate any person engaged in the health profession as Registrar to carry out the administrative work of the Council.

(2) The Registrar shall act as the Secretary of the Council.

(3) The service, terms and facilities of the Registrar shall be as prescribed.

(4) In the absence of the Registrar, the Government of Nepal shall designate any other officer-level employee of the Council to perform all the work to be done by him/her. 14. Powers, Duties and Functions of the Registrar: The powers, duties and functions of the Registrar shall be as follows:-

(1) To implement or cause to be implemented the decisions of the Council.

(2) To prepare the agenda for discussion to be presented at the meeting of the Council.

(3) Other powers, duties and functions of the Registrar shall be as prescribed. 15. Employees of the Council: (1) The Council may appoint as many employees as necessary.

(2) Employees appointed pursuant to subsection (1) shall be under the supervision and control of the Registrar.

(3) The service, terms and facilities of the employees of the Council shall be as prescribed. 16. To Submit Application for Registration of Name in the Register: (1) A health professional who has obtained the prescribed minimum qualification and wishes to practice the health profession shall, subject to this Act and the rules made under this Act, submit an application as prescribed to the Council for registering his/her name in the register.

(2) Health professionals who are practicing the health profession at the time of the commencement of this Act shall submit an application pursuant to subsection (1) within six months from the date of commencement of this Act to register their names in the register.

(3) A health professional applying for registration of name pursuant to subsection (1) or (2) shall attach to the application the certificate of qualification, recommendation letter, degree, and the prescribed fee. 17.
Nepal Health Professional Council Act, 1997

17. Action on Application: (1) The Registrar shall make necessary inquiries into the application received pursuant to section 16 and submit it to the relevant subject committee for registration of name in the register.

(2) Upon receipt of the application submitted pursuant to subsection (1), the relevant subject committee shall make inquiries as to whether the certificate of qualification and degree are recognized and whether the application is in proper form, and shall submit a report to the Council within fifteen days.

(3) The Council shall decide whether or not to register the name of the applicant in the register based on the report submitted by the committee pursuant to subsection (2).

(4) If the Council decides to register the name of the applicant pursuant to subsection (3), the Registrar shall register the name of such applicant in the register and issue a certificate of registration in the prescribed format, and if the Council decides not to register the name of the applicant, the Registrar shall inform the applicant thereof. 18. Removal of Name from Register and Re-registration: (1) The Council may order the removal of the name of a registered health professional from the register in any of the following circumstances:-

(a) If he/she has been convicted by a court of a criminal offense involving moral turpitude,

(b) If it is determined by a two-thirds majority of the Council that he/she has failed to follow the prescribed professional conduct, or

(c) If he/she becomes of unsound mind or physically incapable of practicing the profession.

(2) If a health professional whose name has been removed from the register pursuant to subsection (1) applies for re-registration showing reasonable cause, the Council may, if it deems reasonable, order the re-registration of his/her name.

(3) Upon receipt of an order pursuant to subsection (2), the Registrar shall, after charging the prescribed fee, re-register the name of such health professional in the register and issue a certificate. 19. Cancellation of Certificate: If information comes to light that the name of any person has been registered in the register by fraud or mistake, and upon inquiry such fact is found to be true, the Council may take back the certificate of registration of such person and cancel the registration. 20. Prohibition on Practicing Health Profession: One year after the commencement of this Act, no health professional other than a registered health professional shall, directly or indirectly, practice the health profession. 21.
Nepal Health Professional Council Act, 1997

20. Prohibition on Practicing Health Profession: One year after the commencement of this Act, no health professional other than a registered health professional shall, directly or indirectly, practice the health profession. 21. Recognition of Academic Qualifications: (1) On the recommendation of the Council, the Government of Nepal may grant recognition to certificates of academic qualifications or other degrees related to the health profession.

(2) Certificates of academic qualifications or degrees granted recognition by the Government of Nepal pursuant to subsection (1) shall be published in the Nepal Gazette. 22. Power to Require Information: The Council may, from time to time, require information from a teaching institution that provides recognized certificates of academic qualifications or other degrees pursuant to section 21, regarding the curriculum determined for such certificates or degrees and the conditions determined for admission, for the purpose of evaluation, and it shall be the duty of such institution to provide that information. 23. Inspection of Examinations: The Council may appoint and send inspectors to inspect examinations conducted by the relevant teaching institution for recognized certificates of academic qualifications or other degrees pursuant to section 21. An inspector so appointed shall submit a report to the Council stating the details prescribed by the Council regarding the examinations inspected by him/her. Provided that the inspector shall not interfere in any manner in such examinations. 24. Withdrawal of Recognition: (1) If, upon considering the information received pursuant to section 22 and the report received pursuant to section 23, the Council is of the opinion that the curriculum, admission conditions, and examination procedures determined by the relevant teaching institution for the certificates of academic qualifications or degrees recognized pursuant to section 21 are not appropriate and adequate, the Council shall submit its report to the Government of Nepal in that regard.

(2) Upon receipt of the report of the Council pursuant to subsection (1), the Government of Nepal may, if deemed necessary, ask the relevant teaching institution for an explanation, and upon receipt of the explanation, after considering it and making any further inquiry if necessary, the Government of Nepal may, by notification published in the Nepal Gazette, withdraw the recognition of the certificate of academic qualification or other degree related to the health profession granted by such teaching institution after a specified date. 25. Fund of the Council: (1) The Council shall have a separate fund.

(2) The fund of the Council shall consist of the following amounts:-

(a) Amounts received from the Government of Nepal,

(b) Amounts received as registration fees for the names of health professionals, and

(c) Amounts received from other sources.

(3) The operation of the fund of the Council shall be as determined by the Council. 26.
Nepal Health Professional Council Act, 1997

26. Accounts and Audit: (1) The accounts of income and expenditure of the Council shall be maintained as prescribed.

(2) The audit of the Council shall be carried out as prescribed.

(3) The Government of Nepal may, if it so desires, inspect or cause to be inspected the books of accounts and related documents of the fund at any time. 27. Dissolution of the Council: (1) If the Government of Nepal is of the opinion that the Council has failed to exercise the powers conferred upon it under this Act or the rules made under this Act, or has abused its powers, or has exercised powers beyond those conferred, or has failed to perform its duties under this Act or the rules made under this Act, the Government of Nepal may dissolve the Council.

(2) After the Council is dissolved pursuant to subsection (1), the Government of Nepal shall keep the fund and other property of that Council in its own custody, and may itself perform all the work to be done by the Council under this Act and the rules made under this Act until another Council is formed, or may form a committee and cause it to perform such work.

(3) Ordinarily within three months of the dissolution of the Council pursuant to subsection (1), the Government of Nepal shall form another Council pursuant to section 3.

(4) After another Council is formed, the Government of Nepal shall hand over the fund and property kept in its custody pursuant to subsection (2) to that Council. 28. Penalties: (1) A person practicing the health profession in contravention of section 20 shall be liable to punishment as prescribed.

(2) A person doing any act contrary to this Act or the rules made under this Act, other than as mentioned in subsection (1), shall be liable to punishment as prescribed. 29. Officer for Investigation and Inquiry: The authority to investigate and inquire into cases punishable under this Act shall vest in the officer designated by the Government of Nepal by notification published in the Nepal Gazette. 30. Government of Nepal to be Plaintiff: The Government of Nepal shall be the plaintiff in cases filed in court after investigation and inquiry pursuant to section 29. 31. Appeal: A person dissatisfied with a decision or order made by the Council under this Act may appeal to the amended by the Some Nepal Acts Amendment Act, 2072.High Court within thirty-five days from the date of receipt of notice of such decision or order. 32. Power to Make Rules: The Government of Nepal may, after consultation with the Council, make necessary rules for the purpose of implementing the objectives of this Act. 33.
Public Health Service Act, 2018

Chapter-2

Rights and Duties of Service Recipients and Responsibilities of Health Institutions

3. Access to and Assurance of Health Services: (1) Every citizen shall have the right to receive quality health services in an easy and readily accessible manner.
(2) For the purpose of receiving services pursuant to Sub-section (1), it shall be the duty of every citizen to participate in health-related programs prescribed by prevailing law and as specified by the Government of Nepal from time to time.
(3) No citizen shall be deprived of health services.
(4) Every citizen shall have the right to receive free of cost the following prescribed basic health services under the following headings:-
(a) Immunization services,
(b) Maternal, newborn, and child health services such as Integrated Management of Newborn and Childhood Illnesses, nutrition services, antenatal, delivery, and postnatal services, family planning, abortion, and reproductive health,
(c) Communicable disease-related services,
(d) Non-communicable disease and physical disability-related services,
(e) Mental illness-related services,
(f) Senior citizen health-related services,
(g) General emergency condition services,
(h) Health promotion services,
(i) Ayurveda and other recognized alternative health services,
(j) Other services specified by the Government of Nepal by publishing a notice in the Nepal Gazette.
(5) The Provincial or Local Government may add to the basic health services determined by the Government of Nepal pursuant to Sub-section (4) as per necessity.
(6) The financial burden of the services added pursuant to Sub-section (5) shall be borne by the concerned government.
(7) Detailed descriptions of the services pursuant to Sub-section (4), other arrangements and procedures related to service delivery and management shall be as prescribed by the Ministry.
(8) The Local Level may provide basic health services in partnership with health institutions operated under the Province and the Federation. 4. Emergency Treatment: (1) Every health institution must provide prescribed emergency health services.
(2) It shall be the duty of every health institution and health worker to make available the health services pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), if emergency health services cannot be made available at a health institution, such health institution must immediately provide the treatment available at that institution and refer the person to another health institution for further treatment.
(4) Expenses incurred during treatment pursuant to this Section shall be borne by the concerned person, their guardian, family member, custodian, or person under guardianship if the concerned person has health insurance, from said insurance, and if there is no health insurance or the amount from health insurance is insufficient.
Public Health Service Act, 2018

Provided that, health services falling under basic health services must be provided free of cost by the health institution.
(5) While providing emergency treatment services pursuant to this Section, the concerned service recipient shall be made to follow the procedures to be completed for receiving such services only after the treatment has been started.
(6) Other arrangements related to emergency treatment services shall be as prescribed. 5. Specialist Services: (1) The Government of Nepal must make available prescribed specialized services as necessary based on the nature of the service, geographical condition, and disease prevalence rate.
(2) The Provincial Government must make available specialist services according to the standards specified by federal law.
(3) Other arrangements related to making specialist services available shall be as prescribed. 6. Referral Services: (1) If a health institution is unable to provide treatment to a patient coming for treatment due to lack of infrastructure, equipment, specialist services, or any other appropriate reason, it must provide the services available at its institution and immediately refer such patient to a health institution capable of providing further treatment.
(2) While referring a patient pursuant to Sub-section (1), the health institution must complete the methods and procedures as prescribed.
(3) The Government of Nepal, Provincial Government, and Local Level shall make necessary arrangements to make services effective by establishing a necessary referral system between health institutions providing specialist services and basic health services.
(4) Notwithstanding anything contained elsewhere in this Section, while referring a patient under emergency treatment, the referring health institution must refer the patient along with minimum health-related equipment and available health facilities at its disposal. 7. Providing Quality Health Services: (1) The Government of Nepal shall make arrangements to provide quality health services to every citizen from health institutions.
(2) Based on available resources, the Government of Nepal shall perform the following tasks to provide health services to citizens:-
(a) Determining policies for the protection and promotion of citizens' health,
(b) Determining priorities of health services and providing services in an equitable manner.
(3) To implement this Act, the Federation, Province, and Local Level shall establish health institutions meeting prescribed standards based on necessity and arrange necessary manpower, technology, and equipment in such institutions. 8.
Public Health Service Act, 2018

8. Duties of Service Recipients: The duties of a service recipient receiving services at a health institution or from a health worker shall be as follows:-
(a) Being conscious about one's own health, adopting a healthy lifestyle, doing yoga and physical exercise, and consuming services provided by health institutions,
(b) The person receiving health services shall comply with the rules of the health institution,
(c) Providing true information related to their health condition to the health institution and assisting health workers when receiving health services,
(d) Respecting the dignity and honor of health workers and the health institution,
(e) Not engaging in physical, mental, or gender-based violence towards health workers,
(f) In case of refusal to undergo recommended partial or complete treatment, mentioning and signing the treatment card or discharge certificate,
(g) Subject to Section 6, going to the health institution referred by the health institution and receiving services. 9. Responsibility to Arrange Treatment: If a family member, guardian, or any person under guardianship falls ill, it shall be the responsibility of the parent, family member, guardian, or person accepting guardianship to take such person to a health institution, arrange treatment, bear treatment expenses, and provide support and facilitation in the treatment process. 10. Information to be Provided to Service Recipient: (1) Every health institution and health worker providing treatment must provide information to the service recipient on the following matters:-
(a) The health and treatment condition of each service recipient,
Provided that, if there are sufficient grounds to believe that providing information about the service recipient's health condition may be contrary to the interest of the individual or community, there shall be no bar for the health institution to keep such information confidential.
(b) The diagnosis of the disease, the natural outcome of the diagnosed disease, and the level and options of services related to treatment,
(c) Estimated costs and potential outcomes related to treatment options,
(d) The service recipient's right to refuse health services and the potential consequences, risks, and responsibilities arising from refusing services.
(2) While providing information to the service recipient pursuant to Sub-section (1), the health institution shall provide it, as far as possible, in a language that the recipient can understand.
(3) Notwithstanding anything contained in Sub-sections (1) and (2), if information about the service recipient's health condition cannot be given to the concerned service recipient, it shall be given to an adult member of their family. 11. Informed Consent of Service Recipient Required: (1) Every health institution must obtain informed consent from the service recipient while providing health services.
Public Health Service Act, 2018

11. Informed Consent of Service Recipient Required: (1) Every health institution must obtain informed consent from the service recipient while providing health services. Explanation: For the purpose of this Section, "Informed Consent" means written or verbal consent given by a legally competent person to receive health services.
(2) For the purpose of Sub-section (1), written consent must be obtained for providing prescribed treatment.
(3) Notwithstanding anything contained in Sub-section (1) or (2), health services may be provided without the informed consent of the service recipient in the following circumstances:-
(a) If the service recipient is not in a condition to give consent and has not given permission or authority to anyone to provide such consent, and consent is given, in order of availability, by their husband or wife, father or mother, grandfather or grandmother, adult son or daughter, brother or sister, or the nearest available relative of the service recipient,
(b) If health services are provided without consent as per prevailing law or a court order,
(c) If treating a person poses a serious threat to public health,
(d) If delaying the provision of health services could result in the death of the concerned patient or cause irreversible damage to their health,
(e) If the concerned person has not refused, explicitly or implicitly or by conduct, to receive health services,
(f) Other circumstances as prescribed. 12. Equal Treatment Required: (1) While providing treatment under this Act, it shall be the duty of the concerned health worker to treat all service recipients equally and with respect.
(2) Notwithstanding anything contained in Sub-section (1), the health institution may prioritize treatment based on the severity of the patient's health.
(3) No health institution shall discriminate or cause discrimination against anyone in treatment based on their origin, religion, color, caste/ethnicity, sex, profession, sexual and gender identity, physical or health condition, disability, marital status, pregnancy, ideological belief, or any other similar ground. 13. Professional Conduct: Health institutions and health workers must follow the professional conduct prescribed by the relevant councils. 14.
Public Health Service Act, 2018

13. Professional Conduct: Health institutions and health workers must follow the professional conduct prescribed by the relevant councils. 14. Maintaining Confidentiality: (1) While providing health services, information including the service recipient's health condition, diagnosis, or treatment received must be kept confidential.
(2) Notwithstanding anything contained in Sub-section (1), this Section shall not be deemed to prevent the disclosure of information in the following circumstances:-
(a) If the service recipient gives written consent to disclose the information,
(b) If information must be disclosed as per a court order or prevailing law,
(c) If non-disclosure of information is seen to cause a serious impact on public health.
(3) For the purpose of Clause (c) of Sub-section (2), whether or not there is a serious impact on public health shall be as decided by the prescribed official. 15. Discharge Summary to be Provided: While discharging a patient admitted and undergoing treatment in a health institution, such institution must provide a discharge summary containing prescribed information. 16. Responsibilities of Health Institution: (1) Every health institution must provide health services only through qualified service providers.
(2) Every health institution must adopt necessary preventive measures to prevent and control the transmission of any disease.
(3) Every health institution must make arrangements to disseminate the following information related to the health services it provides:-
(a) Available health services, their nature, estimated time required, and cost,
(b) Operating schedule and schedule of medical practitioners or health workers,
(c) Procedures for establishing access to health services,
(d) Procedures related to complaint management. 17. Informing Local Administration: (1) If anyone brings a person to a health institution for treatment due to an accident or any other reason, such health institution must immediately provide the treatment services available to it to such person, and if the identity of such person cannot be ascertained, the health institution must immediately give information thereof to the concerned local administration.
(2) While giving information pursuant to Sub-section (1), the health institution must also provide information about the treated person and other available related information.
(3) Upon receipt of information pursuant to Sub-sections (1) and (2), the local administration must search for the family, parent, or guardian of the concerned person and inform them. 18. Right to File Complaint: If further complications arise in the health of a service recipient during the course of treatment, or if the service recipient has any doubt regarding the treatment process, they may file a complaint against the health worker or health institution involved in the treatment at the prescribed body as prescribed. 19.
Public Health Service Act, 2018

19. Power to Impose Conditions and Restrictions: The head of a health institution may, based on the health condition of a health service provider, impose certain conditions and restrictions on the services provided by the health institution, in accordance with prevailing law. 20. Adoption of Necessary Measures: Every health institution shall, subject to prevailing law, adopt necessary measures for the safety of employees and to prevent and control the transmission of disease. Chapter - 3

Health System and Service Management Related

21. Operation and Regulation of Health Institutions: (1) The tiered structure of health institutions and the services provided by such institutions shall be as prescribed by the Ministry.
(2) Minimum standards for health institutions and services shall be as determined by the Ministry.
(3) Subject to the standards pursuant to Sub-section (2), every health institution must provide services.
(4) Health institutions established and operating prior to the commencement of this Act must meet the standards prescribed pursuant to Sub-section (2) within the time specified by the Ministry.
(5) For the delivery of health services, the Federation, Province, and Local Level may enter into necessary partnerships with private or non-governmental health institutions.
(6) The arrangement of standards, licensing, and regulation of services provided by private and non-governmental, private or cooperative or non-profit or community health institutions may be determined by the Government of Nepal by publishing a notice in the Nepal Gazette.
(7) The Federation, concerned Province, or Local Level may grant licenses to operate health institutions according to the standards determined pursuant to Sub-section (6).
(8) Arrangements related to granting licenses, renewals, and monitoring, evaluation, and regulation of such health institutions by the Province and Local Level pursuant to Sub-section (7) shall be as per the concerned provincial and local law.
(9) Notwithstanding anything contained in Sub-section (8), until provincial or local law is made, the Province and Local Level may grant licenses, renew, monitor, or regulate health institutions under this Act. 22. License Required: (1) Non-governmental or private health institutions must provide health services only after obtaining a license as prescribed.
(2) Health institutions operating without a license at the time of commencement of this Act must obtain a license pursuant to Sub-section (1) within the time specified by the Ministry.
(3) In the case of traditional treatment services, services must be provided after obtaining approval according to the standards specified by the Local Level. 23. Automatic Revocation: The license of health institutions failing to meet the standards prescribed pursuant to Section 21 and operating without obtaining a license pursuant to Section 22 shall be deemed automatically revoked. 24.
Public Health Service Act, 2018

23. Automatic Revocation: The license of health institutions failing to meet the standards prescribed pursuant to Section 21 and operating without obtaining a license pursuant to Section 22 shall be deemed automatically revoked. 24. Providing Health Services from Locations Other Than Health Institutions: (1) The Local Level and Provincial Government may collaborate with educational institutions to provide school health services.
(2) The nature and standards of school health services provided pursuant to Sub-section (1) shall be as prescribed by the concerned Province and Local Level.
(3) A health institution may operate specialist services through mobile camps with permission from the prescribed body of the concerned Province.
(4) Procedures and standards to be met while providing mobile health camps pursuant to Sub-section (3) shall be as prescribed by the Provincial Government.
(5) Procedures and standards to be met while providing home-based health services shall be as prescribed by the Local Level. 25. Health Institution Required to Maintain Quality: (1) The task of ensuring the quality of services provided by health institutions shall be as per federal law.
(2) The Ministry may formulate and implement or cause to implement standards for health services.
(3) The prescribed body must conduct monitoring and evaluation from time to time regarding compliance with standards under this Section.
(4) It shall be the duty of every health institution to follow the directives given by the concerned body after monitoring and evaluation pursuant to Sub-section (3). 26. Management and Development of Human Resources: (1) The Government of Nepal shall prepare and implement policies and standards related to the development, distribution, and utilization of human resources in the health sector.
(2) While prescribing standards pursuant to Sub-section (1), it must be done based on long-term, medium-term, and immediate needs analysis and mapping regarding the development, management, and utilization of human resources, and projection of manpower, technology, and equipment. 27. Research, Regulation, Quality Measurement, and Monitoring: (1) The Government of Nepal and the prescribed body may conduct regulation, inspection, monitoring, research, and evaluation regarding whether health institutions and service providers are maintaining quality according to prescribed standards.
(2) If it appears that public health is affected due to institutions not complying with the prescribed standards based on the results obtained from inspection, research, and monitoring conducted pursuant to Sub-section (1), the body granting approval for the establishment and operation of the health institution may issue orders including the closure of such institutions.
(3) The responsibility of closing or causing to close an institution as per the order under Sub-section (2) shall be of the concerned government.
(4) Appropriate mechanisms shall be established for research, regulation, quality measurement, monitoring, and evaluation. 28.
Public Health Service Act, 2018

28. Health Finance and Social Security: (1) A separate health fund shall be established from amounts collected through taxes levied to control goods produced and activities affecting public health.
(2) The fund pursuant to Sub-section (1) shall consist of amounts as follows:-
(a) Amount received from the Government of Nepal,
(b) Amount received from the Provincial Government,
(c) Amount received from the Local Level,
(d) Amount received from non-governmental and private organizations,
(e) Amount received from foreign organizations.
(3) The amount of the fund established pursuant to Sub-section (1) must be expended in the field of public health.
(4) Arrangements related to the operation of the fund established pursuant to Sub-section (1) shall be as prescribed.
(5) Arrangements related to health insurance for citizens shall be as per prevailing law. 29. Provisions Related to Medicine Pricing, Prescription, Pharmacy, and Free Medicines: (1) Medical practitioners and health workers must write the generic name when prescribing medicines.
(2) Notwithstanding anything contained in Sub-section (1), in the case of quality domestic products, action must be taken pursuant to Sub-section (1) within two years from the date of commencement of this Section.
(3) Notwithstanding anything contained in Sub-section (1), there shall be no bar to prescribing patent and new medicines by brand name.
(4) Every government hospital must operate its own pharmacy to ensure regular availability of medicines at affordable prices.
(5) Pricing of medicines shall be as prescribed by the Government of Nepal.
(6) Every health institution and service provider must follow standard treatment protocols to ensure the appropriate use and promotion of medicines.
(7) Medicine sellers must make necessary arrangements for storage, sale, and distribution in a manner that maintains the prescribed quality of medicines.
(8) Medicine sellers shall not sell or distribute any medicine without a prescription from a medical practitioner.
(9) Other arrangements related to medicines shall be as per prevailing law. 30. Expenses for Foreign Treatment Not Available: Notwithstanding anything contained in prevailing law, if a person requires treatment abroad, the expenses incurred for such treatment shall not be provided by the Government of Nepal. 31. Extended Hospital Services May be Provided: (1) Health institutions may provide extended hospital services as necessary based on available resources and manpower.
(2) Health institutions providing services pursuant to Sub-section (1) must provide additional allowances and other facilities to the medical practitioners and health workers providing such services. 32.
Public Health Service Act, 2018

31. Extended Hospital Services May be Provided: (1) Health institutions may provide extended hospital services as necessary based on available resources and manpower.
(2) Health institutions providing services pursuant to Sub-section (1) must provide additional allowances and other facilities to the medical practitioners and health workers providing such services. 32. Not Permitted to Serve Elsewhere: (1) Medical practitioners, health workers, or employees working in government hospitals and health institutions shall not serve elsewhere during the time specified by the concerned body.
(2) If any medical practitioner, health worker, or employee wishes to serve elsewhere during times other than those mentioned in Sub-section (1), they must obtain prior approval from the concerned body. 33. Emergency Health Treatment Fund May be Established: (1) The Ministry and Provincial Government shall establish an Emergency Health Treatment Fund to arrange treatment for poor and indigent persons, persons whose home address is not traceable, families of martyrs who sacrificed their lives during people's movements, armed conflicts, and revolutions, families of disappeared persons, fighters for democracy, conflict victims and displaced persons, persons with disabilities, injured and victims, who are unable to bear the expenses incurred for their treatment.
(2) Arrangements related to the operation of the fund pursuant to Sub-section (1) shall be as prescribed. Chapter-4

Use of Blood, Blood Products and Human Organ Transplantation

34. Blood Transfusion Service: (1) Only institutions licensed by the Ministry may provide blood transfusion services in Nepal.
(2) An institution licensed pursuant to Sub-section (1) must, subject to the license, establish units in various places to provide blood transfusion services and other related services.
(3) An institution providing blood transfusion services pursuant to Sub-section (1) must, while providing blood to a service recipient, provide only safe blood that is ensured to be free from any type of disease infection.
(4) Other arrangements related to granting licenses and renewals under this Section shall be as prescribed. 35. Human Organ Transplantation and Use: Arrangements related to human organ transplantation shall be as per prevailing law. 36. Autopsy and Management: (1) A medical practitioner authorized to conduct autopsies pursuant to prevailing law must conduct an autopsy as prescribed.
(2) After an autopsy, unclaimed bodies may be utilized for the study of medical science after completing the procedure as prescribed. 37. Arrangement of Ambulance and Hearse: (1) Health institutions as prescribed by the Ministry must provide ambulance and hearse services conforming to prescribed standards.
(2) Other arrangements related to the operation of ambulance and hearse services shall be as prescribed. 38. Identification of Causes of Human Death: If a person dies while undergoing treatment at a health institution, an examination shall be conducted as prescribed to identify the cause of death.