The contentious Health Facilities Licensing Bill was passed last night in Parliament amid concerns by the opposition that it still gives too much power to the Minister of Health.
The Bill, read for the first time on December 21, 2006 and for the second and third times and passed last night has some 11 amendments based on a report from the Select Committee, to the 31 Clauses of the Bill; as well as one more that was made after over five hours of debate yesterday.
It was the first time in the National Assembly that a Bill was sent to the Select Committee after its first reading under Standing Order 54 1C.
Health Minister Dr Leslie Ramsammy in opening the debate said there was no malicious intent, nor any attempt to muzzle the private sector under the Bill.
He called it progress and said it would make it more difficult for ineligible persons to operate health facilities such as hospitals, nursing homes, blood banks, dialysis centres, maternity wards, surgical centres, pathology laboratories and laboratories in general. Private doctors’ offices will not be governed under this legislation.
Ramsammy said the Bill was based on the premise that it is an obligation of both the private sector and public sector to supply quality health care. This Bill repeals the Private Hospital Act 1972 and chapters of the Public Hospital Ordinance. In 2008 a Health Professionals Bill will be brought before the Assembly, he said.
PNCR MP Winston Murray called the Bill “misguided politically” even though there was no intent of maliciousness.
He said the minister has too much power, and “the very real risk is that we will kill private sector investment by this approach”. He argued that the presence of the minister is ubiquitous in the Bill, citing as examples, the power of the minister to take over property upon the death of the licensee or expiration of a license without limit, along with the payment of rent during this period, as may deem reasonable by the minister.
Murray also asked the minister to explain why there was no limit as to how long the minister can operate a facility after it is taken over, since in the first reading of the Bill a term limit of one year was present.
Ramsammy conceded after the debate in his rebuttal, that it was not the intention to remove the term limit and called it “a collective mistake,” since he claimed that opposition MPs were present at the Select Committee hearing when the term limit was left out. The one-year term limit was the only concession given by the government to the numerous concerns raised during the debate. Clause 14 was amended to include the term limit along with the other amendments from the Selection Committee on this Clause
The opposition MP asked that the debate be concluded and that a third reading and completion of the Bill wait until the regulations of the Bill returned from the Statutory Committee that must consider them. This was not granted.
Even though Murray noted the amendments that were made and supported them, he explained that there were fundamental things that were missing, which makes it difficult for the PNCR to support it. “This Bill remains objectionable to the PNCR. He argued that although doctors’ offices are not governed under the Bill there is a risk that future interpretations of the Bill may seek to include these practitioners.
Opposition Alliance For Change (AFC) Khemraj Ramjattan said the AFC supported the bill, but that this was contingent upon the final regulations. He called for the inspectors and assessors that will be monitoring the health facilities to be properly trained. He noted that practitioners were disconcerted about the powers held by the minister under the Bill.
Guyana Action Party/Rise Organize and Rebuild Member of Parliament Everall Franklin said they supported the Bill since it is important that the industry be regulated. But he argued that although the Central Board of Health is set up to help oversee the health industry, the minister, under this Bill, is not obligated to go by its recommendations. He described it as, “I can listen to you but I don’t have to do what you recommend.”
