Report

H EALTH AND RELATED SERVICES 153
of natural persons in terms of business visitors or ICTs
are not specified.
The domestic regulatory framework as discussed
here, seems to allow for 100% FDI for hospitals.
Temporary registration for foreign qualified doctors
and dentists also seems to be possible under the
framework.
DOMESTIC REGULATORY REQUIREMENTS
FOR MEDICAL AND DENTAL SERVICES
Overview
Most of the domestic regulatory requirements in the
SAARC countries are focused on:
• Regulations regarding FDI in Hospitals and/or
health centres in the country. These regulations have
a direct impact on the commercial presence under
Mode 3.
• Regulations regarding qualifications required for
registration as a doctor or dentist with the relevant
statutory authority. Regulations affecting recognition
of nurses, midwives and paramedics will also
be studied, to the extent these have been available.
These regulations have direct relevance in respect
of movement of natural persons under Mode 4.
These regulations could also have implications for
any potential delivery of health care services
through cross-border services, i.e. Mode 1, such as
telemedicine.
There are no regulatory requirements that prohibit
Mode 2, i.e. movement of patients across borders to
avail of healthcare services in another country. This
aspect is prevalent in the SAARC region mainly in the
context of movement of patients from neighbouring
countries to India. However, issues such as lack of portability
of health insurance coverage act as constraints,
and limit Mode 2 primarily to the wealthy cross-section
of the population. The issue of Mode 2 and factors for
facilitating this will be discussed separately.
The following sections on each SAARC member
outlines the regulatory requirements in each country
with respect to FDI in health services, and domestic
regulations in respect of qualification and registration
of doctors, dentists and nurses in that country.
Bangladesh
FDI-related Requirements
Foreign investment in Bangladesh is regulated by the
Foreign Private Investment (Promotion and Protection)
Act, 1980 and The Investment Board Act 1989. 13 Board
of Investment created under the Investment Board Act
of 1989. 14
There are no restrictions under the laws for FDI in
the hospital sector. Consequently, 100% FDI in
hospitals is allowed in Bangladesh. A foreign investor
is advised to register its venture with the Board of
Investment to enable it to avail of the support provided
by the BOI to foreign investment, including ascertaining
the state level/municipal clearances and licenses that
may be needed in relation to the venture.
Domestic Regulations Regarding Qualification
and Licensing Criteria for Medical
Practitioners, Dentists and Nurses
Regulatory Authority: The Bangladesh medical and
dental council (BM&DC) established under the
Bangladesh Medical and Dental Council Act, 1980 is
the regulatory body for medical and dental services.
The Bangladesh nursing council under the Bangladesh
Nursing Council Ordinance of 1983 is the regulatory
authority for nursing services. Registration with the
relevant councils is a mandatory pre-requisite for practice
of the medical, dental and nursing professions in
Bangladesh.
Recognition of Foreign Qualifications: The list of
‘recognised colleges’ as published by the BM&DC
includes only colleges in Bangladesh. 15 The powers and
functions of the BM&DC however includes the power
to recognise medical and dental qualification granted
by institutes outside Bangladesh, and enter into a
scheme of reciprocity with foreign medical and dental
councils for recognition of medical and dental
qualifications. 16
The Bangladesh Nursing Ordinance also includes
on the power to recognise qualifications awarded in
other countries. However a list of such colleges outside
of Bangladesh that are recognised, was not available.
Reciprocal Arrangements: As will be discussed in the
13
Bangladesh Investment Handbook, 2007 http://www.boi.gov.bd/invest_book_2007.html
14
http://www.boi.gov.bd/invest_book_2007.html
15
See http://www.bmdc.org.bd/recg_med_dcol.php
16
http://www.bmdc.org.bd/