PESHAWAR: The Khyber Pakhtunkhwa government has renewed efforts to enact a law that has been gathering dust in the law department for nearly a year to protect health workers, patients and their attendants from violence and to prevent loss to the property and ensure interrupted care at the hospitals.

The proposed law called Khyber Pakhtunkhwa Healthcare Service Providers and Facilities (Prevention of Violence and Damage to Property) Act has been in limbo since 2017 but government has decided to promulgate it in the shape of ordinance as assembly is not in session.

Health Minister Taimur Salim Khan Jhagra told Dawn that he had directed the relevant officials to expedite it immediately. He added that he would ensure that a vetted version of the Act got promulgated as soon as possible, even as an ordinance.

“This is the least we can do to safeguard the medical community,” said the minister. He said that it was brought into his notice the other day that work on such an Act was completed. Apparently, it has been stuck at the law department for two and half years.

Draft law gathering dust at law dept for over a year

Mr Jhagra said that it was not about individual failings, but a function of the system that those things got stuck. “This Covid-19 crisis is an opportunity to revamp administrative procedures too,” he said when asked about the current situation of the draft law aimed at protecting health workers from violence.

A senior official said that the law was almost ready.

“Few observations of law department have been addressed and (the draft has been) re-submitted for approval. Once it is cleared then we will process it further,” he said.

The minister’s directives to accelerate the process came after series of violent acts against health workers in Hayatabad Medical Complex (HMC), Khyber Teaching Hospital (KTH) and Lady Reading Hospital (LRH) where most of the Covid-19 patients are being treated.

After vetting by the law department, the law will be promulgated by governor after approval of the cabinet.

Three attacks on doctors have occurred in HMC and one each in LRH and KTH during and after Eid, prompting the healthcare providers to call for protection so that they could be able to focus on the Covid-19 patients.

Section 3 of the draft law makes any act of violence against healthcare service persons or damage or loss to property in a healthcare service institution as punishable.

Any offender, who commits any act in contravention of section 3, shall be punishable with imprisonment for a period which may extend to three years and with fine which may extend to Rs50,000.

In addition to the punishment specified in sub-section (1), the offender shall be liable to pay to the healthcare service institution a compensation of twice the amount of purchase price of medical equipment damaged and the loss caused to the property as may be determined by the court trying the offence.

If the offender does not pay the compensation under sub-section (2), the said sum shall be recovered as if it is an arrear of land revenue due from him. While any offence committed under section 3 shall be cognisable and non-bailable.

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. It also makes it binding upon healthcare institutions to give complete information of medical treatment to the patients.

“It shall be the responsibility of each healthcare service institution to furnish, in writing, complete information about medical treatment provided by such healthcare service institutions, to the patients, who seek treatment in the said institutions or to their designated relatives,” says the draft law.

The government may, by notification in the official gazette, make rules for the purposes of carrying out the provisions of this Act, it says.

Published in Dawn, June 4th, 2020