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Chapter-5

Chapter-5 Procedures relating to deletion of name
14. Inquiry committee: If the Council comes to know through any means that any health professional has violated the professional conduct pursuant to Rule 13 or has got his/her name registered as a health professional in the  register of the Council pursuant to Section 19 of the Act, the Council shall form a one-member or three-member inquiry committee under the  convenorship of a member to make necessary inquiry into the matter and  submit a report.

15. Having deposition and requiring submission of evidence, proof: The inquiry committee may require the person accused of having violated the professional conduct or registered name pursuant to Section 19 of the Act to
make statements and submit evidence and proofs against the accusation made against him/her.

16. Opportunity to be given for defense:

(1) In the course of inquiring the person accused of having violated the professional conduct or registered name pursuant to Section 19 of the Act, the inquiry committee shall give a notice setting out the reason for taking action against such person and give him/her a time limit of at least Thirty days to furnish his/her clarification.
(2) In giving an opportunity to defend pursuant to Sub-rule (1), it has to be clearly set out the accusation made against him/her and the matter and reasons on which each accusation is based.
(3) Where an opportunity has been given to defend pursuant to Sub rule (1), the concerned person has also to make defense within that time limit.

17. Power to suspend:

(1) The inquiry committee may suspend the person accused of having violated the professional conduct or registered name pursuant to Section 19 of the Act from the registered health professional from the date of commencement of inquiry. Provided that, generally suspension shall not be made unless the following circumstance exists:
(a) Where there is a possibility that he/she can collect false evidence or conceal any evidence against him/her if
he/she is not suspended and is allowed to carry on the health profession, or
(b) Where there is a possibility of causing loss or damage to the health profession if he/she is not suspended and is
allowed to carry out the health profession.
(2) In suspending any health professional pursuant to Sub-rule (1),  he/she must not be suspended ordinarily for more than Two months. The action against the health professional must be completed within that period.
If such action cannot be completed within that period because of the occurrence of any extra-ordinary circumstance and the period of suspension has to be extended, the period of suspension may be extended for up to One
month with the prior approval of the Council.
(3) Where a health professional is suspended pursuant to Sub-rule (1) or the period of suspension has been extended pursuant to Sub-rule (2), information thereof has to be given to the concerned health professional and
the health institution, if any, where he/she is serving. On receipt of such information of suspension of any health professional, the concerned health institution has also to suspend the concerned health professional from its
service.

18. Proposal to be made to delete name from register:

(1) If the concerned health profession fails to defend within the time-limit given for making defense pursuant to Rule 16 or if the defense made is not satisfactory, a time limit of at least Thirty days shall be given to such person
to furnish explanation as to why his/her name should not be removed from the register.
(2) Where the explanation made pursuant to Sub-rule (3) of Rule 16 after giving an opportunity to make explanation pursuant to Sub-rule (1) is not satisfactory, reasons thereof shall also be set out.
(3) Where an opportunity has been given to furnish explanation pursuant to Sub-rule (1), the concerned person has to furnish explanation within the time limit.

19. Report of inquiry committee:

(1) The inquiry committee shall, on completion of inquiry, submit its report to the Council.
(2) The report to be submitted pursuant to Sub-rule (1) has to be accompanied by its opinion with reasons for deleting the name of any person from the register or retaining the same as well as the available evidence and
proofs.

20. Decision by the Council: Upon studying the report submitted by the inquiry committee pursuant to Rule 19, and particularly in consideration of whether the accused person has been given adequate opportunity to furnish
defense and explanation pursuant to Rules 16 and 18 respectively, and whether the inquiry committee has carried out objective evaluation and analysis of the defense and explanation submitted by him/her and the evidence and proof attached therewith and the evidence collected by the committee itself, the Council shall make proper evaluation as to whether the accused has committed the alleged offense or not and make decision
assigning the clear reasons for the same.

21. Information of decision: If, pursuant to Rule 20, the Council decides to delete from the register of the Council the name of any person for an accusation of violation of the professional conduct or registration of name pursuant to Section 19 of the Act, information thereof has to be given to the concerned person and to a health institution, if any, where he/she is serving.

22. Termination of suspension: In a circumstance where the accusation made against any person for violation of the professional conduct or registration of name pursuant to Section 19 of the Act is proved or not proved and such
person is suspended pursuant to Rule 17, such suspension shall ipsofacto be considered terminated.

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