- Operation and regulation of health institutions: (1) The provisions relating to level-wise structure of the health institutions and the services to be provided by such institutions shall be as prescribed by the Ministry.
(2) Minimum standards relating to health institutions and the services shall be as determined by the Ministry.
(3) Each health institution shall provide services subject to the standards referred to in sub-section (2).
(4) The health institutions established and in operation prior to the commencement of this Act, shall fulfill the standard prescribed pursuant to sub-section (2) within the time specified by the Ministry.
(5) The Federal, Provincial and Local Levels may, in order to provide health service, carry out necessary partnership with private or non-governmental health institutions.
(6) The Government of Nepal may determine the standards, license and regulation of the services to be provided by the private and non-governmental, private or cooperative, or non-profit-making or community health institutions by a notification in the Nepal Gazette,
(7) The Federation, concerned Province or Local Level may issue license to operate any health institution pursuant to the standards determined under sub-section (6).
(8) The provisions relating to issuing license to any health institution referred to in sub-section (7), and renewal thereof and carrying out monitoring, evaluation and regulation of such a health institution shall be in accordance with the Provincial and Local law.
(9) Notwithstanding anything contained in sub-section (8), the Provincial and Local Levels may issue a license, renew and carry out monitoring and regulation of any health institution under this Act, until the enactment of the Provincial and Local laws.
- To obtain license: (1) A non-governmental or private health institution shall provide health service only after obtaining the license as prescribed.
(2) The health institution in operation at the time of the commencement of this Act without obtaining the license shall obtain the license pursuant to sub-section (1) within the time prescribed by the Ministry.
(3) In the case of the traditional treatment service, service shall be provided after obtaining approval pursuant to the standards prescribed by the Local Level.
- To be ipso facto terminated: The license of a health institution that does not meet the standards prescribed under Section 21 and operating without obtaining the license under Section 22 shall be deemed to have been ipso facto terminated.
- To provide health service from elsewhere except health institution: (1) The Local Level and Provincial Government may provide school health service in cooperation with the educational institutions.
(2) The nature and standards of the school health service to be provided pursuant to sub-section (1) shall be as prescribed by the Province and Local Level.
(3) Any health institution may conduct specialist’s service through mobile camps by obtaining permission from the prescribed body of the concerned Province.
(4) The process and standards to be fulfilled while providing mobile health camp pursuant to sub-section (3) shall be as prescribed by the Provincial Government.
(5) The process and standards to be fulfilled while providing health service from door to door shall be as prescribed by the Local Level.
- To maintain quality by health institution: (1) The quality of the service to be provided by a health institution shall be ensured in accordance with the Federal law.
(2) The Ministry may implement, or cause to be implemented by making standards of health services.
(3) The prescribed body shall carry out monitoring and evaluation from time to time as to whether the standards referred to in this Section have been fulfilled or not.
(4) Each health institution shall have the duty to comply with the directives given by the concerned body after the monitoring and evaluation carried out pursuant to sub-section (3).
- Human resource management and development: (1) The Government of Nepal shall prepare and enforce the policy and standards relating to development, distribution and use of human resource of the health sector.
(2) While prescribing standards referred to in sub-section (1), such standards shall be prescribed on the basis of estimation of human resources, technology and equipment by analyzing and mapping of long-term, mid-term and immediate requirements for the development, management and use of human resource.
- Investigation, regulation, quality measurement and monitoring: (1) The Government of Nepal and the prescribed body may conduct regulation, inspection, monitoring, investigation and evaluation as to whether or not the health institution and service provider have maintained the quality pursuant to the prescribed standards.
(2) If it appears, from the result of the inspection, investigation and monitoring carried out pursuant to sub-section (1), that public health would be affected due to non compliance of the set standards by the institution, the body providing approval for the establishment and operation of the institution may give order that may include even the closing of such an institution.
(3) The concerned Government shall have the responsibility to close or cause to be closed such an institution pursuant to the order referred to in sub-section (2).
(4) Appropriate mechanism shall be constituted in order to conduct an investigation, regulation, measurement of quality, monitoring and evaluation.
- Health finance and social security: (1) A separate health fund shall be set up out of the amount collected from the tax to be imposed for controlling the production of goods and activities that affect public health.
(2) The following amount shall be credited to the fund referred to in sub-section (1):
(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 any non-governmental and private organization and institution,
(e) Amount received from any foreign organization and institution.
(3) The amount of the fund set up pursuant to sub-section (1) shall be spent in the areas of public health.
(4) The provisions relating to the operation of fund set up pursuant to sub-section (3) shall be as prescribed.
(5) The provisions relating to health insurance of the citizens shall be in accordance with the prevailing law.
- Provisions relating to price of medicine, prescription, pharmacy and free medicine: (1) The physicians and health workers shall, while prescribing a medicine, write a generic name of the medicine.
(2) Notwithstanding anything contained in sub-section (1), in the case of qualitative domestic products, act shall be done within two years from the date of the commencement of this Section so as to make such act consistent with sub-section (1).
(3) Notwithstanding anything contained in sub-section (1), in the case of a patent and new medicine, it shall not prevent from recommending with the brand name.
(4) Each government hospital shall ensure regular availability of medicine with fair price by operating the pharmacy of its own.
(5) Determination of the price of medicines shall be as prescribed by the Government of Nepal.
(6) Each health institution and service provider shall have to comply with the standard treatment system so that medicines will be properly used and promoted.
(7) The drug seller shall make necessary arrangement for the storage, sale and distribution of medicines by maintaining quality of medicines as prescribed.
(8) The drug seller shall not sell and distribute any medicine without the prescription of the physician.
(9) Other provisions relating to medicines shall be in accordance with the prevailing law.
- Not to provide expenses for foreign treatment: Notwithstanding anything contained in the prevailing law, if any person is to be treated in a foreign country, the expenses to be spent on this shall not be made available by the Government of Nepal.
- To provide extended hospital service: (1) A health institution may provide extended hospital service as necessary on the basis of available resources, means and human resources.
(2) Such health institution shall provide the physicians and health workers providing service pursuant to sub-section (1) with additional allowances and other incentives for providing such service.
- Not allowed to serve elsewhere: (1) Any physician, health worker or the employee working in a government hospital and health institution shall not serve elsewhere during the time prescribed by the concerned body.
(2) If any physician, health worker or employee wishes to serve elsewhere during the time other than the time mentioned in sub-section (1), he or she shall obtain prior approval of the concerned body.
- Power to set up emergency health treatment fund: (1) The Ministry and Provincial Government shall set up an emergency health treatment fund to make arrangements for bearing the expenses of treatment of the poor and destitute, the person whose house and address is not traced, the family members of a martyr who sacrificed life in the course of popular movement, armed struggle and revolution, the family of the enforced disappeared person, the warrior of democracy, conflict victim and the displaced, the disabled, the wounded and the victim, in the case of not being able to bear the expenses incurred in treatment.
(2) The provisions relating to the operation of the fund referred to in sub-section (1) shall be as prescribed.