PESHAWAR: The Khyber Pakhtunkhwa government is yet to implement the law meant to protect healthcare workers against violence and ensure rights of patients at hospitals.

Sources said that International Committee of Red Cross (ICRC) was supposed to develop guidelines to pave way for implementation of Khyber Pakhtunkhwa Healthcare Service Providers and Facilities (Prevention of Violence and Damage to Property) Act, 2020, passed by the provincial assembly on December 17, 2020.

The law has been prepared by health department in collaboration with ICRC and Khyber Medical University to ensure that the people resorting to violence against healthcare workers get punished and the relatives of patients get full information regarding treatment.

Health Care in Danger (HCiD) is an initiative of International Red Cross and Red Crescent Movement aimed at addressing the issue of violence against patients, health workers, facilities and vehicles besides ensuring safe access to and delivery of health care in armed conflict and other emergencies.

Sources said that after passage of the law, health department sent it for formulation of rules to law department. The latter made few changes in it and asked for devising guidelines. Health department entrusted the task to ICRC but for the last one year, there has been no progress on the law and it has remained unimplemented.

The law is meant to prevent damage or loss to property in healthcare establishments and safeguard patient rights during treatment in health facilities. According to it, the people committing violence against healthcare workers will face penalties in addition to those prescribed in Pakistan Penal Code (PPC). For causing injuries to health workers, they will pay compensation in the form of Arsh and Daman as per PPC while mental anguish to healthcare provider will be compensated as an amount determined by the court in this regard.

For causing repairable loss to properties worth Rs100,000, the perpetrators would be liable to one-year imprisonment or with fine or both. The people causing damage less than Rs100,000 to properties will face one-month imprisonment, fine or both.

Obstruction of services carries three-year jail term or fine, which may extend Rs1 million but not less than Rs50,000 or both. An act likely to cause disruption of services will carry jail term of one year or fine, which may extend Rs1 million but not less than Rs50,000 or both.

The law says that no person shall carry or display arms of any kind including licensed ones except for officially allowed law enforcement agencies and security guards and the violators will face imprisonment for a term up to six months but not less than one month or a fine up to Rs1 million but not less than Rs50,000 or both.

According to the law, the healthcare providers will explain the procedures of treatment to patients and their relatives before and during the treatment and will furnish in writing complete information of medical treatments being provided in a healthcare facility.

Healthcare professionals will safeguard patient confidentiality and maintain the highest standards of ethical conduct without any discrimination. In case of any violation, appropriate action will be taken against them by the relevant authority.

An official of ICRC, when contacted, said that work on enforcement of law was in progress. “We are working in collaboration with the search and reforms unit of health department and have recently given presentation to federal health minister in KMU,” he said.

Published in Dawn, November 22nd, 2023

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