OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA gth Year No. 13 ADDIS ABABA- 18 January , 2002 CONTENTS Council of Ministers Regulations No. 76/2002 Ethiopian Health Profesionals Council Establishment Council of Ministers Regulations ..... Page 1686 COUNCIL OF MINISTERS REGULATIONS No. 76/2002 ETHIOPIAN HEALTH PROFESSIONALS COUNCIL ESTABLISHMENT COUNCIL OF MINISTERS REGULATIONS PART 1 General 1. Short Title These Regulations may be cited as the " Ethiopian Health Profesionals Council Establishment Council of Ministers Regulations No. 76/2002 . " 2. Definition In these Regulations unless the context otherwise requires : 1 ) " Health Profession " means any medical , pharmacy , nursing health assistance technicians and any other health related field of study ; 2 ) " Health Profession Association " means a legally recognized association which represents the respec tive branch of health profession ; 3 ) “ Health Institution ” means hospital , health centre , clinic , pharmacy or a health related institute that renders preventive medicine and gives curative treatment either by charging fees or for free ; 4 ) " Professional Competence Confirmation Cer tificate " means a professional licence which entitles to provide medical or other health related services . 5 ) " Ministry " or Minister " means the Ministry or Minister of Health , respectively . Unit Price www . AfricahLawArchive.com * * The African Law Archive * - No. 13 18 January , 2002 - Page 1687 PART 2 Health Professionals Council Sub - Section 1 Establishment of Health Professionals Council 3. Establishment The Ethiopian Health Professionals Council ( herein after refered to as the “ Council ' ' ) is hereby established by these Regulations . Powers and Duties of the Council The Council shall have the following powers and duties : 1 ) advise the Minister on matters provided in these Regulations ; 2 ) work in collaboration with the appropriate bodies , to ensure that health professional trainings offered in the country are of high standard ; 3 ) make sure that professional ethics is observed by professionals ; 4 ) follow up and supervise that the names of registered professionals and those who are cancelled from the registry due to various reasons are properly kept by the secretariat ; 5 ) supervise the performance of the Executive Commit 6 ) examin and submit to the Ministry matters directed to it in accordance with Articles 14 ( 2 ) , 15 ( 1 ) and ( 2 ) , and 16 ( 4 ) of these Regulations and those matters that need to be decided by the Ministry along with its opinion . 7 ) perform other matters directed to it by the Minister . The council shall have the following members : 1 ) regional health offices or health offices of city administrations directly accountable to the Federal Government , each represented by one represen tative . Member 2 ) representatives selected from the following organs of the Ministry : ( a ) Health Service and Training Department Head ..... Member ( b ) a representative of Health Professionals Education and Training Team ......... a representative of Health Professionals Standardization and Evaluation Team ( d ) a representative of Health Services Team .. a representative of Legal and Medico Legal Service .. ( f ) a surgical specialist . ( g ) one internal medicine specialist ........ Member 3 ) Representatives selected from the following health professionals associations : two representatives of the Ethiopian Medical Association . a representative of the Ethiopian Public Health Professionals Association ... two representatives of the Pharmacy Association . ( d ) two representatives of the Ethiopian Nurses Association . a representative of the Health Assistants Association ( f ) a representative of the Laboratory Technicians Association . a representative of the Radiography Technicians Association * The African Law Archive No.73 18 January , 2002 - Page 1688 4 ) A representative of the Drug Administration and Control Authority .... member 5 ) Two representatives of the Ministry of Education .Member 6 ) Notwithstanding to the above provisions and when it is deemed necessary , other appropriate organs may also be represented if they are willing to do so . Criteria to be Member of the Council Any member should fulfil the following criteria : 1 ) Should be free from substance addiction ; 2 ) should be free from alcoholism ; 3 ) if he / she is a health profesional should be a registered professional ; 4 ) should be ethically commendable : 5 ) should be mentally healthy ; and 6 ) not criminally accused and convicted in relation with his profession . 7. Removal and Substitution of Council Members 1 ) A member may be removed from the council membership for the following reasons : ( a ) if he / she fails to fulfill any one of the criteria set under Article 6 of these Regulations ( b ) failure to be present at iwo consecutive meeting without any permission or prior notification and who fails to improve conduct following a written warning . 2 ) whenever a council member is removed from mem bership , the organ who selected and sent the member shall send a substitute . Work Procedures of the Council the council shall adopt its own rules of procedure . 2 ) there shall be a quorum if more than half of the members are present . 3 ) every decision shall be endorsed by a majority vote . and if the meeting gets tied then the chairman shall have a casting vote . 4 ) the regular meeting of the council shall be made four times a year , however , when deemed necessary the chairman may call extra ordinary mccting upon the decision of more than half of the members of the council . 5 ) the term of office of members of the council shall be five years . 9. Organs of the Council The council shall have the following organs : ( a ) Executive committee : ( b ) Education and Training sub - committee : ( c ) Professional ethics sub - committce ; ( d ) Registration and Professional license sub - commil ( c ) Secretariat . Sub - Section 2 Executive Committee 10. Members of the Executive Committee 1 ) The Executive Committee consists of the following mcmbers : ( a ) Chairman of the Council Member ( b ) Vice Chairman of the Council . a representative of Health Professional Training and Education Team ( d ) a representative of Health Professionals Standardization and Evaluation Team ....... ( c ) chairman of the three sub - committes a representative of the Legal and Medicolegal Service ......... ( g ) a representative of Drug Administraiton and Control Authority . ( h ) a representative of the Ethiopian Nurses Association .... a representative of related professions ........ * The African Law Archive No. 13 18 January , 2002 – Page 1689 The chairman and vice - chairman of the council shall be elected and appointed by the Minister from among members of the council . Members of the executive committee shall be elected from among the members of the council . 4 ) Notwithstanding to the provisions of Sub - Article ( 1 ) of this Article , other members may also he represented in the committee if it is found neces sary . 11. Powers and Duties of the Executive Committee The Executive Committee shall have the following powers and duties : 1 ) establish sub - committees , coordinate and supervise their work : 2 ) ensure whether the decisions passed as per these regulations are implemented ; 3 ) _execute the decisions of the council ; 4 ) shall represent and run the duties of the council at the time when the council is not in - session : il cannot , however , suspend or reverse the decisions of the council . 5 ) carry out the day to day activities of the council . 6 ) perform such other matters as are directed to it by the council . 1 ) The Executive Committee shall adopt its own rules of procedure ; 2 ) The Executive Committee shall be convened as may be necessary ; 3 ) There shall be a quorum when more than half of the members of the Executive Committee are present at its meetings . 4 ) Each decision shall be endorsed by a majority vote . in case of a tie , however , the chaiman shall have a casting vote ; 5 ) The term of office of the Executive Committee shall be five years . SECTION 3 Sub - Committees 1 ) Each sub - committee members shall be elected from among the members of the council ; 2 ) The term of the sub - committee members shall be 14. Powers and Duties of Education and Training Sub Committee The sub - commitee shall have the following powers and duties : 1 ) participate in the preparation and amendment process of the curriculum of the medical profession and forward its opinion thereof . 2 ) give professional competence confirmation cx amination and submit the results to the Executive Committee ; 3 ) Implement decisions passed according to these regulations ; 4 ) submit monthly report of its performance to the Executive Committee ; 5 ) forward its opinion to the Executive Committee on the progress and improvement of its work ; 6 ) may form teams to carry out its powers and duties properly ; 7 ) perform such other duties that may be directed to it by the Executive Committee . The African Law Archive * five years ; - No. 13 18 January , 2002 Page 1690 15. Powers and Duties of Registration and Profesional License Sub - Committee The sub - committee shall have the following powers and duties : 1 ) verify applications and the documents attached thereto that are submitted for registration , profes sional competence confirmation certificate and submit the result along with its opinion to the Executive Committee . 2 ) set the criteria for a professional license of the respective standard and submit same to the Ex ecutive Committee . 3 ) submit to the Executive Committee monthly report of its performance . 4 ) forward its opinion on the progress and im provement of its work to the Executive Committee . 5 ) May form teams to carry out its powers and duties properly . 16. Powers and Duties of Profesional Ethics Sub - Commit The sub - committee shall have the following powers and duties . 1 ) It shall conduct investigation where complaints are lodged on the non - observance of a professional ethics ; 2 ) If it finds sufficient evidence to support the complaint submitted as per Sub - Article ( 1 ) of this Article , it may instruct the professonal , against whom the complaint is lodged , to come up with a defense in one month time . 3 ) Collect evidence that may help it to implement the powers and responsibilities vested in it hy Sub Article ( 1 ) of this article . 4 ) Having examined the complaint brought up against the professional and the statement of defense and evidence submitted thereby submit its finding to the Executive Committee along with a proposed punishment : 5 ) Submit to the Executive Committee a monthly report of its performance ; 6 ) May form teams to carry out its duties and responsibilities properly . 7 ) Perform such other duties that may directed to it by the Executive Committee . 17. Meetings of a Sub - Committee 1 ) each sub - committee may have meetings as it is deemed necessary . 2 ) there shall be a quorum when more than half of the members of each sub - committee are present at its meetings . 3 ) the decision of each sub - committee shall be passed by a majority vote of members present at the meeting . In case of a tie the chairman shall have a casting vote . 4 ) without prejudice to the provisions of this Article each sub - committee shall adopt its own rules of procedure which will be operative when it is endorsed by the Executive Committee . Sub - Section 4 The Secretariat of the Council The Council shall have a secretariat which will be run by a Registrar and Deputy Registrar to be elected and appointed by the Minister from the Ministry to deal with day to day activities . The African Law Archive * No. 13 18 January , 2002Page 1691 19. Duties of the Secretariat The secretariat of the council shall have the following duties : 1 ) register and keep the names , their professional standard , and other necessary documents of the professional to whom a professional competence confirmation certificate is given . The register shall be open to the public and the list shall be published yearly in a state - owned newspaper . 2 ) register and keep the names of those profesionals who have terminated their service due to death , quitting the profession , a criminal sentence . a decision on ethical non - observance or other similar grounds . 3 ) submit to the registration and licence sub - commit tee applications for registration and professional competence confirmation certificate that are direc ted to it by the Minister . 4 ) perform other duties related to registration . 5 ) receive educational and ethical matter and direct it to the appropriate committee for its execution . 6 ) perform other duties directed to it by the Ministry and the Council . PART 3 Registration of Professional Competence Confirmation Certificate The Necessity of Professional Competence Contir mation Certificate Every health professional should have a professional competence confirmation certificate . Certificate 1 ) the application for professional competence confir mation certificate shall be submitted in the form prepared in accordance with the directives of the Ministry . 2 ) the applicant should attach with his application the following original documents ; ( a ) credentials from institutions of training . ( h ) documents given by an institute in evidence of completing an internship programme . ( c ) concerning professionals who , upon thc dc cision of the Minister , are required to take professional competence confirmation ex amination , document to the effect of testifying that one has passed such an examination . ( d ) other documents that may be required by the Minister . 3 ) The applicant shall pay the license renewal fee determined by the appropriate Regulations . 22. Renewal of Professional Competence confirmation Certificate 1 ) the professional competence confirmation cer tificate should be renewed every five years . 2 ) any professional who wants to renew the profes sional competence confirmation certificate shall fulfil the following : ( a ) submit an application one month before the certificate expires ; ( b ) fulfill professional ethics criteria ; ( c ) should pass the examination that may be given by the council when necessary ; The African Law Archídd pay çenewal fees . WWW.African LawArchive.com 23. Suspension or Cancellation of Professional Licence The professional licence of any health professional who violates these regulations or directives on health profes sional ethics issued under these regulations shall be suspended or cancelled , as the case may be . PART 4 Powers and Duties of the Minister Powers of the Minister 1 ) having examined matters submitted to him in accordance with Article 4 ( 6 ) of these regulations . the Minister : ( a ) may uphold the proposed decision or render a different decision . ( b ) may direct the case to the appropriate sub committee so that the case may be re - ex amined and submitted with a proposed de cision when it is believed that the case has not been examined properly . 2 ) the decision of the Minister shall be final with respect to cases re - examined by the appropriate sub - committee for the second time persuant to Sub Article ( 1 ) ( b ) of this Article . 3 ) based on the proposed decision submitted by the council the Minister may suspend the licence for a specified period of time on one of the following grounds : i ) when it is found that one has been performing as a health professional without registration or renewing the licence . 2 ) if found employing a health professional whose license has been suspended or cancelled for violating these regulations or who does not even have a professional licence , in the health institution for which one is responsible and opened based on one's professional license . 3 ) until a court or the council decision is passed on the above mentioned illegal act under Article 24 Sub - Article 4 ( a - d ) . But if the case which is mentioned under Article 24 Sub - Article 3.3 will be seen by the Minister , or by the council or the sub - commit tee the suspension must be decided within 6 months . 4 ) without prejudice to what is generally stated in Article 23 above , the Minister may cancel , the license based on the proposed decision submit ted by the council and for one of the following reasons : ( a ) when the appropriate body proves that the license is acquired through fraudulent documents . ( b ) when the Health Professional is convic ted for a serious crime which could indicate that one has no adequate com petence to be considered as an ethical ( c ) if found to have been deliberately working above one's capacity in con travention of the Health Professionals ethics . ( d ) if found to have been rendering health services in return for an illegal benefit while suspended and in contravention of a written notice and a dicision of suspen sion . 5 ) without prejudice to what is generally stated in Article 19 ( 2 ) if service is terminated due to suspension or cancellation for criminal convictions and non - observance of ethics , the registry kept to this effect shall be open to the public . It shall also be published in a state owned newspaper within 48 hours . 6 ) The Minister may issue health professionals ethical directives that may be of assitance in the implementation of these regulations . The African Law Archive * PART 5 Miscellaneous Provisions 25. Obligation to Cooperate Any individual or professional or office or health institute or an organ which is carrying out an inves tigation should in any way cooperate in providing information related to a Health Professional and that the duties which are mentioned in this regulations will be No other regulation , directive or practice which is inconsistent with this regulations shall have effect with respect to mattes governed by these regulaitons . These Regulations shall enter into force as of the date of Done at Addis Ababa , this 18th day of January , 2002 . PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive