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Health Institutions and
Facilities Act, 2011 Act
829
ARRANGEMENT OF SECTIONS
Section
1, Application
PART ONE -HEALTH FACILITIES
REGULATORY AGENCY
Establishment of the Agency
2, Establishment of the Agency
3, Object of the Agency
4, Functions of the Agency
5. Governing body of the Agency
Zonal Health Facilities
Committees
6.
Establishment of Zonal Health
Facilities Committees
7.
Composition of a Zonal Committee
8.
Functions of a Zonal Committee
9.
Tenure of office and meetings of
a Zonal Committee
10.
Petitions from a Zonal Committee
Licensing of facilities
11.
Facilities to be licensed
12.
Application and conditions for a
licence
13.
Application by non-citizen
14.
Issue of licence
15.
Revocation of licence
16.
Notice of refusal to issue or
renew a licence
17.
Representations to the Board
18.
Application for additional
services
19.
Display of licence
20.
Submission of health service
data
21.
Power of entry and inspection
22.
Obstruction of inspector
Miscellaneous provisions
23.
Offences
24.
Regulations
25.
Interpretation
26.
Transitional provisions
27.
Repeals and savings
PART TWO -MORTUARIES AND FUNERAL
FACILITIES AGENCY
Establishment of the Agency
28.
Establishment of the Agency
29.
Object of the Agency
30.
Functions of the Agency
31.
Governing body of the Agency
Zonal Mortuary and Funeral
Facilities Committees
32.
Establishment of Zonal Mortuary
and Funeral Facilities
Committees
33.
Composition of a Zonal Committee
34.
Functions of a Zonal Committee
35.
Petitions from a Zonal Committee
Registration of practitioners
36.
Registration of practitioners
37.
Application for registration
38.
Qualification of practitioners
39.
Register of practitioners
40.
Cancellation of registration
41.
Suspension of registration
42.
Representation to the Board
Licensing of facilities
43.
Licence of facility
44.
Application and conditions for a
licence
45.
Issue and renewal of licence
46.
Revocation of licence
47.
Notice of refusal to renew
licence
48.
Representations to the Board
49.
Power of entry and inspection
50.
Obstruction of inspector
Burial grounds
51.
Authorised burial grounds
52.
District Assembly to provide
burial grounds
53.
Private burial grounds
54.
Exhumation
55.Miscellaneous
provisions
56.
Offences
57.
Regulations
58.
Interpretation
59.
Transitional provisions
60.
Repeal and savings
PART THREE-AMBULANCE COUNCIL
Establishment of the Council
60.
Establishment of the Ambulance
Council
61.
Object of the Council
62.
Functions of the Council
63. Governing body of the
Council
Registration of practitioners
64.
Registration of practitioners
65.
Qualification for registration
66.
Temporary registration of
non-citizens
67.
Renewal of certificate of
registration
68.
Annual list of practitioners
69.
Establishment of register
70.
Removal and restoration of names
from register
71.
Suspension of registration
72.
Cancellation of registration
73.
Representation to the Board and
appeal
Licensing
74.
Requirement of licence for
operation of ambulance services
75.
Qualification for licence
76.
Application for a licence
77.
Issue of a licence
78.
Renewal of a licence
79.
Display of a licence
80.
Non transferability of a licence
81.
Power to modify a licence
82.
Revocation, suspension and
refusal to renew a licence
Regulation of ambulance services
83.
Publication of designated
standards of ambulance equipment
84.
Use of ambulance and siren
85.
Requirement of inscription and
siren device
86.
Training of pre-hospital care
persons
87.
Entry of premises
88.
Inspectors
89.
Obstruction of inspector
90.
Right of way to ambulance
91.
Regulations
92.
Interpretation
93.
Transitional provision
94.PART
FOUR- ADMINISTRATIVE AND
FINANCIAL PROVISIONS
95.
Tenure of office of members of
the Board
96.
Meetings of the Board
97.
Disclosure of interest
98.
Establishment of committees
99.
Allowances
100.
Ministerial directives
101.
Registrar
102.
Functions of the Registrar
103.
Appointment of other staff
104.
Funds of the Agency or Council
105.
Accounts and audit
106.
Annual reports
107.
Interpretation
SCHEDULES
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
HEALTH INSTITUTIONS
AND FACILITIES
ACT, 2011
AN ACT to provide for a Health
Facilities Regulatory Agency to
license facilities for the
provision of public and private
health care services, to
establish the Mortuaries and
Funeral Facilities Agency to
control and regulate facilities
connected with the storage and
disposal of human remains, to
establish an Ambulance Council
to regulate the operation of
ambulance services in the
country in accordance with
policy standards and to provide
for related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
Application
1.
This Act binds the Republic.
PART ONE -HEALTH FACILITIES
REGULATORY AGENCY
Establishment of the Agency
Establishment of the Agency
2. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Health Facilities
Regulatory Agency.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Agency under the State Property
and Contracts Act, 1960 (C. A.
6) or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Agency.
Object of the Agency
3. The object of the Agency is
to license and monitor
facilities for the provision of
public and private health care
services.
Functions of the Agency
4. The functions of the Agency
are to
(a)
receive, consider and approve
applications for licences under
this Part;
(b)
inspect and license facilities
intended for the provision of
public and private health care
services;
(c)
determine the basic and minimum
equipment and personnel required
for the type of service to be
provided in a practice; (d)
regulate and monitor
activities in a practice to
determine the adequacy and
standard of health care
provided;
(e)
collaborate with any other
person or authority to
(i) maintain professional
standards in a practice;
(ii) regularly assess health
facilities for certification and
accreditation;
(iii) achieve continual quality
improvement of health care
providers; and
(f)
perform any other functions that
are ancillary to the object of
the Agency.
Governing body of the Agency
5. (1) The governing body of the
Agency is a Board consisting of
(a) one representative
from a public health facility
nominated by the Minister in
consultation with the relevant
professional body, (b)
one representative from the
National Health Insurance
Authority not below the rank of
a Director,
(c)
one representative from the
Attorney-General's Department,
not below the level of a
Principal State Attorney,
(d)
one bio-medical engineer
nominated by the Minister in
consultation with the Ghana
Institution of Engineers,
(e)
one representative of the
Ministry of Health nominated by
the Minister,
(f)
the Registrar, and
(g)
three other persons nominated by
the Minister which shall include
a nursing officer of a senior
rank and a private medical
practioner.
(2) The President shall.
(a)
appoint the members of the Board
in accordance with article 70 of
the Constitution;
(b)
have regard to gender in the
appointment of members of the
Board; and
(c)
select one of the members to be
chairperson.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Agency.
Zonal Health Facilities
Committees
Establishment of Zonal Health
Facilities Committees
6. There shall be established
Zonal Health Facilities
Committees.
Composition of a Zonal Committee
7. (1) A Zonal Committee shall
comprise not more than five
members with the relevant
qualification, expertise and
experience at least one of whom
is a woman.
(2) The members of a Zonal
Committee shall be appointed by
the Board.
Functions of a Zonal Committee
8. A Zonal Committee shall,
(a)
receive applications on behalf
of the Board and make
recommendations to the Board for
the licensing of facilities for
a practice;
(b)
monitor the operations of
licenced facilities in the zone;
(c) receive licencing
fees on behalf of the Board;
(d)
inspect a facility and the
equipment to be used in a
practice; (e) appraise
the technical specifications of
a facility for a licence;
(f)
effect a temporary closure of a
facility with the assistance of
a senior police officer not
below the rank of Assistant
Superintendent of Police;
(g)
submit a report of a
contravention of a provision of
this Part to the Board within
fourteen days of becoming aware
of the contravention;
(h)
submit quarterly reports on its
activities to the Board; and
(i) perform any other
function assigned to it by the
Board.
Tenure of office and
meetings
of a Zonal Committee
9.
The provisions of sections 94
and 95 relating to tenure of
office and meetings of the Board
under this Act shall apply with
the necessary modifications to
the tenure of office and
meetings of a Zonal Committee.
Petitions from a Zonal Committee
10.
(1) A person aggrieved by a
decision or an action of a Zonal
Committee may submit a petition
to the Board.
(2) The Board shall
(a)
consider the petition within
fourteen days of receipt of the
petition; and
(b)
communicate its decision to the
aggrieved person within thirty
days after consideration of the
petition.
(3) Subsection (1) does not
limit a right of action to
obtain redress from the Court.
Licensing of facilities
Facilities to be licensed
11.
(1) A person shall not operate a
facility unless the facility is
licensed under this Act.
(2) A person shall not operate
equipment in a facility
specified in the First Schedule
unless the facility in which the
person operates is licensed
under this Act.
Application and conditions for a
licence
12.
(1) A person shall apply to the
Agency for a licence within the
area in which the practice is to
be operated in the form
determined by the Board.
(2) There shall be attached to
the application
(a)
the block plan of the facility
for the practice;
(b)
preliminary approval from the
district planning authority of
the District Assembly on the
suitability of the land and
facility to be used for the
practice;
(c)
clearance from the Environmental
Protection Agency; (d)
plans for the disposal of
medical waste;
(e)
copies of certificates of
proposed practitioners in the
practice and proof of their
registration with the
appropriate professional
bodies;
(f)
a list of the types of services
to be rendered;
(g)
a list of equipment in the
practice with their technical
specifications;
(h)
evidence of financial capability
for the ownership and operation
of the practice applied for;
(i)
the prescribed fee; and
(j)
any other requirement specified
by the Board.
(3) A licence shall not be
granted to an applicant for a
facility unless the Agency is
satisfied that
(a)
the applicant or managing
employee of the applicant has at
least five years post
qualification experience in a
recognised institution of
relevance to the profession of
the practice;
(b)
the past and present conduct of
the person concerned with the
operation of the practice
provides reasonable grounds to
believe that the applicant will
operate in accordance with this
Part;
(c)
the applicant is able to provide
the resources and equipment
required to operate the
practice; and
(d)
any other requirement specified
by the Board has been complied
with.
(4) The person concerned with
the operation of the practice in
subsection (3) (b) for a
facility includes (a) the
applicant,
(b)
an officer or director of the
practice,
(c)
a person who has equity shares
in the practice or an officer or
a director, or
(d)
a person who has a beneficial
interest in the operation of the
practice.
Application by non-citizen
13.
(1) Subject to section 12, a
person who is not a citizen may
apply to the Agency to own or
operate a practice in a facility
if that person (a)
possesses a valid work permit
issued by the Minister for the
Interior,
(b)
is registered with the
appropriate regulatory
professional body in Ghana,
(c)
has at least five years post
qualification experience in a
recognised institution of
relevance to the profession of
the practice,
(d)
has a Ghanaian professional in a
similar discipline as a business
partner, and
(e)
has fulfilled any other
conditions set by the Board.
(2) A person who is not a
citizen shall not own or operate
a facility unless that person
has practised in the profession
in the country for at least one
year in a recognised
institution.
Issue of licence
14.
(1) Where a Zonal Committee is
satisfied that an applicant has
fulfilled the required
conditions, it shall recommend
to the Board to issue a licence
to the applicant.
(2) The Registrar may issue a
provisional licence within
thirty days of receipt of the
application and the Board shall
issue the licence on or before
the next quarterly meeting of
the Board after receipt of the
recommendation from the Zonal
Committee.
(3) A provisional licence issued
by the Registrar is valid for
six months from the date of
issue.
(4) A licence issued by the
Board is valid for three years
after the date of issue and may
be renewed subject to this Act.
(5) The applicant shall pay the
prescribed fee in respect of the
licence or a renewal of it.
Revocation of licence
15.
The Board may on its own or on
the recommendation of a Zonal
Committee revoke or refuse to
renew a licence for a practice
if
(a)
the state of the facility
disqualifies the licensee from
being granted a licence; or
(b)
it has reasonable grounds to
believe that the continued
operation of the Practice by the
licensee will create a risk to
public health, public safety or
is indecent.
Notice of refusal to issue or
renew a licence
16.
(1) Where the Board intends to
refuse to issue or renew a
licence,
the Board shall give the
applicant or licensee (a)
a notice of intention to refuse,
(b)
reasons for the intention to
refuse, and
(c)
an opportunity to make a
representation to the Board.
(2) Where a licence is either
refused or revoked the applicant
or the licensee shall be
informed of the reason within
four weeks of the refusal or
revocation.
Representations to the Board
17. (1) An applicant or licensee
who receives a notice under
section 15 (a) may make a
representation to the Board
within twenty-one days after the
date of receipt of the notice of
refusal.
(2) Where a representation is
not made, the Board may refuse
to issue or renew the licence or
may revoke the licence after the
time specified in the notice has
expired.
(3) Where representation is made
to the Board the affected
practice shall operate under the
supervision of a person or body
appointed by the Board until the
Board determines the case within
a reasonable time.
(4) A person who is aggrieved by
the refusal of the Board to
issue or renew a licence may
seek redress in Court.
Application of additional
services
18. An owner or operator of a
practice shall apply to the
Board for the provision of
additional services which were
not listed in the original
application.
Display oflicence
19. A licence issued under this
Part shall be displayed in a
prominent place which is
accessible to patients and
clients in the premises of the
practice.
Submission of health service
data
20.
The licensee of a practice shall
submit health service data to
the Ministry every three months
or as directed in writing by the
Minister.
Power of entry and inspection
21.
(1) An inspector may at any time
enter facilities used for a
practice
and shall inspect
(a)
the licence, registers and books
of the practice, (b) the
facility including the
equipment, and
(c)
any other thing which is
relevant to the practice and
make recommendations to the
Board.
(2) The inspector shall at the
request of the person in charge
of the practice or facility
produce an identity and
authorisation from the Board for
the inspection.
(3) The Board shall cause a
practice to be inspected at
least once a
year.
(4) A police officer not below
the rank of an Assistant
Superintendent may enter any
premises if there is reasonable
cause to believe that an offence
with respect to this Part has
been, is being or is about to be
committed on the premises and
may arrest the offender.
(5) The Board shall order the
closure of a facility or a part
of the facility if it is
considered in the public
interest to do so.
(6) This section shall not be
construed as authorising the
inspection in a practice of a
medical record relating to a
patient unless authorised by a
Court.
Obstruction of inspector
22.
A person shall not obstruct an
inspector in the discharge of
duties under this Part.
Miscellaneous provisions
Offences
23.
A person who
(a)
owns a practice and operates in
an unlicensed facility,
(b) fails to renew a
licence and continues to
practice,
(c)
provides unauthorised services
in a licensed facility,
(d)
prevents an authorised person
from closing down the practice,
Offences
23.
A person who
(a)
owns a practice and operates in
an unlicensed facility,
(b)
fails to renew a licence and
continues to practice
(c)
provides unauthorised services
in a licensed facility,
(d)
prevents an authorised person
from closing down the practice,
(e)
obstructs the entry for
inspection of an inspector,
(f)
breaches a condition of a
provisional licence issued by
the Registrar,
(g)
breaches a condition of a
licence issued by the Board,
(h)
makes a false declaration on an
application form for a licence,
(i)
provides the Board with false
information concerning the
premises or practice,
(j)
practices in a facility without
the appropriate registration,
(k) fails to submit a health
service data required under
section 20 to the Ministry,
(I)
poses as an inspector to
obstruct a licenced service
provider; or (m)contravenes any
other provision of this Part,
commits an offence and is liable
on summary conviction to a fme
of not more than five thousand
penalty units or to a term of
imprisonment of not more than
ten years or to both and in the
case of a continuing offence, to
a further fine often penalty
units for each day during which
the offence continues after
written notice has been served
on the offender by the Board and
the Court may order the
temporary or permanent closure
of the facility.
Regulations
24.
(1) The Minister, may on the
advice of the Board, by
legislative instrument, make
Regulations to
(a)
provide for the supervision and
inspection of premises;
(b)
provide for the prescription of
safety standards for premises
and sanitary arrangements of a
practice;
(c)
regulate the accommodation and
appropriate equipment for each
type of practice;
(d)
provide for the prevention of
the spread of infectious
diseases;
(e)
prescribe the registers and
records to be kept in a
facility; (/) prescribe the fees
to be paid for the licensing of
facilities; (g) regulate
the preparation and storage of
food and other
logistics;
(h)
prescribe the registers and
records to be kept in respect of
patients;
(i)
prescribe the notification of
deaths, births, stillbirths,
miscarriages and abortions to
the appropriate authority;
(j)
prescribe the records to be kept
when a child who is born in a
health facility is discharged or
otherwise leaves the hospital
without authority;
(k)
prescribe the type of health
data to be submitted to the
Ministry and the mode of keeping
the data;
(I)
prescribe additional health care
services to be registered under
this Part;
(m)
provide for the conditions for
the issuance and renewal of a
licence;
(n)
provide for the accreditation of
facilities;
(0)
provide for the disposal of
medical waste; and
(p)
provide for any other matter
necessary for the effective
implementation of this Part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
Interpretation
25. In this Part unless the
context otherwise requires,
"Agency" means the Health
Facilities Regulatory Agency;
"allopathic medicine" means a
system of medical practice that
is based on application of
rational scientific evidence and
enquiry which has been the
dominant practice since the 19th
century and is also referred to
as western or orthodox medicine;
"Board" means the governing body
of the Agency; "convalescent
home" means an institution where
a patient can be admitted for a
short stay for complete recovery
after having been admitted and
discharged from a hospital;
"district" includes the area of
authority of a District Assembly
and a municipal and metropolitan
authority;
"facility" means premises used
for a practice;
"geriatric home" means a home
for the aged;
"health care services" means
allopathic medicine;
"hospital" includes a clinic
which has lying-in facilities;
"inspector" means a person
authorised by the Board under
this
Part;
"licence" means a licence for
the operation of a practice;
"lying-in facility" means a
place where provision is made
for nursing care, investigative
service and any other medical
services;
"maternity home" means a
building or any other premises
where provision is made for
medical attention or nursing
facilities before, during or
after childbirth whether
gratuitously or for a fee;
"medical assistant" means a
person registered under the
relevant law who is trained and
recognised by the Ministry of
Health to do medical screening
and treatment in health posts,
clinics and hospitals;
"medical waste" means waste
generated from a practice;
"Minister" means the Minister
responsible for Health; "nursing
home" means an institution for
taking care of people
who cannot be kept in or
returned to their own homes
after treatment in a hospital;
"practice" includes medical and
dental services, services in
clinics and hospitals, services
in pharmacies and chemical
shops, optometry and optician
services, chiropody,
convalescent and nursing homes
services, community health
services, geriatric homes,
nursing care, nursing agencies,
maternity homes and occupational
therapy services, physiotherapy
services, dental laboratory
technology services, clinical
and bio-medicallaboratory
technology services, ophthalmic
nursing services and physician
assistant services;
"practitioner" means a person
registered with the appropriate
regulatory professional body in
Ghana under the relevant law who
is capable of functioning in a
practice; "premises" includes a
house, building, structure,
tent, caravan, land, ship, boat,
an aircraft and a mechanically
propelled vehicle;
"prescribe" means prescribed by
Regulations;
"recognised institution" means
an institution that is approved
by the Board, the Pharmacy
Council, the Medical and Dental
Council or the Ministry of
Health which has the requisite
facilities and staff to provide
community health care services,
district health care services
and specialised health care
services in the relevant
discipline or profession;
"Regulations" means the
Regulations made under this Act;
"regulator" means the Private
Hospitals and Maternity Homes
Board established under the
Private Hospitals and Maternity
HomesAct, 1958 (No. 9) and the
Pharmacy Council established
under the Pharmacy Act, 1994
(Act 489);
"unauthorised practice" means
services in facility that is not
registered with the Board, or
services that a facility has not
been registered to perform; and
"Zonal Committee" means a Zonal
Health Facilities Committee
which is made up of a team from
a district or a group of
districts within a region.
Transitional provisions
26. (1) A person who operates a
health facility before the
commencement of this Act, shall
apply for a licence to operate
the facility after the
expiration of the existing
licence.
(2) An application for a licence
pending before a regulator
before the commencement of this
Act shall be processed by the
regulator.
(3) The Pharmacy Council shall
transfer to the Agency any
information , knowledge,
materials and staff necessary
for the efficient and effective
performance of the functions of
the Agency within five years
after the commencement of this
Act
(4) The Board shall be
established by the President
within three months after the
commencement of this Act.
Repeal and savings
27. (1) The Private Hospitals
and Maternity Homes Act, 1958
(No.9) is hereby repealed.
(2) The register of
practitioners in use immediately
before the commencement of this
Act and each document prepared
or issued under the Private
Hospitals and Maternity Homes
Act, 1958 (No.9) shall continue
in force as if kept, prepared or
issued under the corresponding
provisions of this Act.
28. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Mortuaries and Funeral
Facilities Agency
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Agency under the State Property
and Contracts Act, 1960 (C. A.
6) or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Agency.
Object of the Agency
The object of the Agency is to
licence, control and regulate
facilities connected with the
storage, transportation and
disposal of human remams
PART TWO-MORTUARIES AND FUNERAL
FACILITIES AGENCY
Establishment of the Agency
Establishment of the Agency
Functions of the Agency
30.
(1) The functions of the Agency
are to (a) regulate
facilities under this Part;
(b) licence and register
practitioners;
(c)
determine basic specifications
of equipment for facilities;
(d) ensure in the public
interest the provision of the
highest
standards of service by
practitioners;
(e)
regulate the siting of
facilities in the country;
(f) issue licences for
facilities;
(g)
categorise and classify the
various facilities for handling
human remains;
(h)
establish, develop and maintain
practice standards for
practitioners;
(i)
establish standards and provide
guidelines for the development
of curriculum for training of
practitioners in collaboration
with training institutions;
OJ
approve courses of study and
examinations for the
qualification of applicants for
registration in collaboration
with educational institutions;
(k)
promote public educational
activities with respect to this
Part;
(I)
supervise and monitor activities
of the Zonal Mortuaries and
Funeral Facilities Committees
under this Part; (m)investigate
complaints and take appropriate
actions;
(n)
control and monitor the
standards of service for storage
and disposal of human remains in
public and private institutions;
and (0) perform any other
functions that are ancillary to
the object of the Agency.
(2) The Agency may delegate any
of its functions to a person or
an authority that it may
determine.
Governing body of the Agency
31. (1) The governing body of
the Agency is a Board consisting
of (a) a pathologist
preferably an anatomic
pathologist nominated by the
Minister as chairperson,
(b)
the Registrar,
(c)
one representative from the
Births and Deaths Registry not
below the rank of a Director,
(d)
one representative from the
Ministry responsible for Local
Government and Rural Development
not below the rank of a
Director,
(e)
one representative from the
Environmental Protection Agency
not below the rank of a
Director,
(f)
one practitioner under this Part
with relevant professional
background nominated by the
Minister in consultation with
the professional body,
(g)
one representative of the
Attorney-General not below the
level of Principal State
Attorney, and
(h)
two other persons at least one
of whom is a woman nominated by
the Minister.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Agency.
Zonal Mortuary and Funeral
Facilities Committees
Establishment of Zonal Mortuary
and Funeral Facilities Committee
32. There is hereby established
Zonal Mortuary and Funeral
Facilities Committees.
Composition of a Zonal Committee
33. (1) A Zonal Committee shall
consist of (a) a
Chairperson,
(b)
a District Director of Health
Services who shall be the
Secretary,
(c)
a police officer not below the
rank of Assistant
Superintendent, (d) one
representative of the District
Assembly from the relevant
committee,
(e)
a district representative of the
Registrar for Births and Deaths,
and
(f)
two representatives of
practitioners elected by the
practitioners at least one of
whom is a woman
(2) The chairperson and members
of a Zonal Committee shall be
appointed by the Board.
Functions of a Zonal
Committee
34.
(1) A Zonal Committee shall, in
the respective zone (a)
issue temporary licences for
facilities;
(b)
inform the Board of the
temporary licences issued;
(c)
decide on the siting of
facilities, hold public hearings
on the issue where necessary and
inform the Board;
(d)
inspect facilities;
(e)
submit a report of a
contravention of a provision of
this Act to the Board within
fourteen days of becoming aware
of the contravention;
(f)
carry out temporary closure of
facilities and report the
closure
to the Board;
(g)
maintain a list of facilities
operating in the zone; (h)
submit to the Board the
reports it shall direct; and
(i)
perform any other functions
determined by the Board.
(2) A Zonal Committee in the
performance of its functions
shall collaborate with the
relevant sub-committees of the
District Assembly.
(3) Sections 94 and 95 shall
apply with the necessary
modification to a Zonal
Committee.
Petitions from Zonal Committees
35.
(1) A person aggrieved by a
decision or an action of a Zonal
Committee may submit a petition
to the Board.
(2) This section does not limit
a right of action to obtain
redress from the Court.
Registration of practitioners
Registration of practitioners
36.
A person other than a registered
pathologist shall not operate in
a facility as a practitioner
unless that person is registered
under this Part.
Application for registration
37.
A person shall apply for
registration to practice in the
prescribed form through the
Registrar of the Agency.
Qualification of practitioners
38.
(1) Where the Board is satisfied
that the applicant has adequate
relevant training, qualification
or experience, it shall direct
the Registrar to record the name
of the applicant in the register
of practitioners.
(2) The Registrar shall issue
the applicant with a certificate
of registration on the payment·
of the prescribed fee.
(3) A person issued with a
certificate under subsection (2)
is known as a practitioner for
the purposes of this Part.
(4) Registration under this Part
is in addition to registration
required under any other law in
respect of the practice.
(5) The certificate of
registration is valid for three
years from the date of issue.
(6) The certificate shall be
renewed subject to this Part.
Register of practitioners
39.
The Registrar shall record in a
register the names and any other
particulars of practitioners.
Cancellation
of registration
40.
(1) A certificate of a
practitioner shall be cancelled
by the Board
on the recommendations of the
Registrar where the practitioner
(a)
is convicted of an offence under
this Part or the Regulations,
(b) has breached any of
the terms of the licence for the
facility,
(c)
no longer has the qualification
on the basis of which the
registration was made, or
(d)
is sentenced to a term of
imprisonment for a criminal
offence.
(2) The Board may, in the public
interest, cancel the certificate
of a practitioner.
Suspension of registration
41.
(1) The Board may suspend the
registration of a practitioner
for a period determined by the
Board where
(a)
an offence in relation to the
practitioner is being
investigated, (b) an
allegation of misconduct has
been made against the
practitioner,
(c)
a false declaration has been
made in a certificate issued by
the practitioner, or
(d)
the practitioner has contravened
but has not been convicted of a
provision of this Part.
(2) The Board shall conclude its
investigation within a period of
six months from the time of the
suspension of the practitioner.
(3) The Board may restore the
registration of a practitioner.
Representation to the Board
42. (1) A practitioner whose
registration is cancelled or
suspended may make a
representation to the Board
within sixty days after the
cancellation or suspension.
(2) The Board may refuse to
restore the registration of a
practitioner after the time
specified to make the
representation has expired.
(3) Where successful
representation is made to the
Board, the registration of the
practitioner shall be restored
by the Board.
Licensing of facilities
Licence of facility
43. (1) A person shall not own
or operate a facility unless
that facility is licensed under
this Part.
(2) Facilities required to be
licensed are
(a)
cold storage facilities for
human remains; (b)
mortuaries;
(c)
funeral homes; (d)
crematoria;
(e)
columbaria;
(f)
mausoleums; (g)
cemeteries;
(h)
hearses; and
(i)
any other facility that the
Minister may determine on the
recommendation of the Board.
Application and conditions for a
licence
44. (1) A person may apply to
the Board for a licence to own
or operate a facility.
(2) There shall be attached to
the application
(a)
a preliminary approval from the
district planning officer of the
suitability of the land or
premises to be used for the
facility, (b) the block
plan of the facility,
(c)
clearance from the Environmental
Protection Agency, and (d)
evidence of financial
capability for the ownership or
operation of the facility
applied for.
(3) A licence shall not be
granted to an applicant unless
the Board is satisfied that
(a)
the past or present conduct of
the applicant concerned with the
operation of the facility
provides reasonable grounds to
believe that the applicant will
operate in accordance with this
Part, (b) the applicant
has the experience or training
to manage the facility in
accordance with this Part,
(c)
the applicant has submitted a
plan of the facility,
(d)
the applicant is able to provide
the resources and equipment
required to manage the facility,
and
(e)
any other requirement specified
by the Board has been complied
with.
Issue and renewal of licence
45.
(1) Where the Registrar is
satisfied that an applicant
qualifies under subsection (3)
of section 44 and has fulfilled
the other conditions required
under this Act, it shall issue a
provisional licence and inform
the Board.
(2) A provisional licence is
valid for six months.
(3) A licence issued by the
Board is valid for three years
from the date of issue and may
be renewed subject to this Act.
(4) The licence shall be
displayed in a prominent place
in the facility which is
accessible to a client.
Revocation of licence
46.
The Board may refuse to renew a
licence to own or operate a
facility if
(a)
the state of the licensee
disqualifies the applicant from
being granted a licence;
(b)
the licensee is a body corporate
and the shareholding of that
body has changed in such a way
as to compromise the financial
ability or technical competence
and standards of that body; or
(c)
the Board has reasonable grounds
to believe that the continued
operation of the facility by the
licensee compromises or is
likely to compromise the public
interest, public health, public
safety or is indecent.
Notice of refusal to renew
licence
47.
Where the Board intends to
refuse to renew a licence, the
Board
shall give the applicant or
licensee
(a)
a notice of intention to refuse,
(b)
reasons for the intention to
refuse, and
(c)
an opportunity to make
representations to the Board.
Representations to the Board
48.
(1) An applicant or licensee who
receives a notice under section
47 may make a representation to
the Board within sixty days
after the date of receipt of the
notice of refusal.
(2) Where a representation is
not made under subsection (1),
the Board may refuse to renew a
licence or may recommend the
revocation of the licence after
the time specified under
subsection (1) has expired.
(3) Where a representation is
made under this section, the
affected facility shall be
closed and shall not operate
until the case is determined by
the Board and the licence is
restored.
Power of entry and inspection
49.
(1) An inspector authorised by
the Board may at any time, on
production of an identity enter
and inspect
(a)
the licensed facilities under in
section 43 (2), or
(b)
premises suspected by the
authorised person to be
facilities required to be
licensed under section 43 (2).
(2) The inspector shall inspect
as applicable
(a)
the facility including plant and
equipment, (b) the
licence, registers and books of
the facility, (c) the
registration certificate of the
practitioner, (d) the
premises, and
(e)
any other thing which is
relevant to the facility and
make recommendations to the
Board.
(3) The Board may order the
closure of a facility if it is
considered to be in the public
interest to do so.
Obstruction of inspector
50.
A person shall not obstruct an
authorised inspector in the
performance of a function under
this Act.
Burial grounds
Authorised burial grounds
51.
(1) A person shall not bury the
human remains of a person in a
place other than a burial ground
authorised under this Part.
(2) A burial ground authorised
under this Part shall be
registered with the Zonal
Committee.
District Assembly to provide
burial grounds
52.
A District Assembly-shall, on
the advice of a Zonal Committee,
provide public burial grounds
which shall be licenced under
this Part.
Private burial grounds
53.
(1) A District Assembly shall,
on the advice of a Zonal
Committee, license as a private
burial ground any parcel of land
which a person may wish to set
aside as a private burial
ground.
(2) There shall be attached to
the licence, conditions
determined by the District
Assembly in consultation with
its sub-committee.
Exhumation
54.
(1) The Board through the
Minister and in consultation
with the relevant District
Assembly may apply to the
coroner to order the exhumation
of human remains and the removal
of the human remains to a place
it shall direct.
(2) Subject to the Coroners Act,
1960 (Act 18) a person shall not
exhume or remove any human
remains after burial except
under subsection (1).
55.
A person who
(a)
practices in a facility without
registering as a practitioner
except a licenced pathologist;
(b)
uses a facility for services
other than what it is licensed
for,
(c) fails to license a
facility;
(d)
makes a false declaration in an
application for registration or
for a licence;
(e)
fails to renew the registration
or licence to operate a
facility;
(f)
obstructs an inspector;
(g)
pollutes the environment in the
course of operations under this
Part;
(h)
accepts, releases or disposes of
human remains in contravention
of a provision of the
Regulations;
(0
buries human remains in a place
other than an authorised burial
ground;
(j)
exhumes or after burial, removes
any human remains without
authority; or
(k)
contravenes any other provision
of this Part;
commits an offence and is liable
on summary conviction to a fine
not exceeding five hundred
penalty units or to a term of
imprisonment not exceeding two
years or to both the fine and
the imprisonment and the Court
may order temporary or permanent
closure of the facility.
Regulations
56.
(1) The Minister may, by
legislative instrument, make
Regulations (a) for the
supervision and inspection of
facilities;
(b)
prescribing the standards of
sanitary, safety and security
arrangements of a facility;
(c)
specifying details and methods
of rendering services by
facilities;
(d)
for the management,
accommodation and equipment of a
facility;
(e)
for the preparation and storage
of chemical reagents and human
remains in facilities;
(f)
for procedures to disinfect
facilities and prevent
infection; (g)
prescribing the records to be
kept in the facilities in
respect
of human remains;
(h)
regulating the admission and
discharge of human remains;
(i) prescribing fees to be
paid under this Part;
(j)
related to
(i) embalming, (ii) cremation,
(iii) exportation,
(iv) importation, and
(v) burial of human remains, and
(k)
to provide for any other matter
necessary for the effective
implementation of the provisions
of this part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
57.
In this Part unless the context
otherwise requires,
"Agency" means the Mortuaries
and Funeral Facilities Agency;
"applicant" in accordance with
section 44 (3) includes
(a)
a managing employee,
(b)
a person holding more than ten
per cent of the equity shares of
the facility or a managing
employee, and (c) a
person who has a beneficial
interest in the operation of the
facility;
"Board" means the governing body
of the Mortuaries and Funeral
Facilities Agency;
"burial ground" includes land
set aside to be used for the
interment of human remains, a
mausoleum, cemetery, columbarium
or any other structure intended
for the interment of human
remains or cremated human
remains;
"client" means a person who
makes arrangements in respect of
the disposal of human remains
with a practitioner;
"cold storage facility" means
premises with refrigeration
equipment for storage of human
remains;
"columbarium" means a structure
designed for the purpose of
interring cremated human remains
in a sealed compartment;
"crematorium" means premises
fitted with appliances for the
purpose of cremating human
remains, a place or site used
for cremating human remains and
anything used in connection with
cremation;
"district" includes the area of
authority of a District Assembly
and of a municipal and
metropolitan authority;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"embalment" means the
preservation and disinfection of
all or part of a human body by
any means other than
refrigeration; "facility"
includes a cold store for human
remains, mortuary, funeral home,
crematoria, cemetery,
columbarium, mausoleum and a
hearse;
"funeral home" means premises
with or without cold storage
facility for human remains where
preparations for burial are
made;
"hearse" includes a device
registered for the purpose of
carrying or transporting human
remains with or without a
coffin;
"human remains" includes the
body of a deceased person or
still born child and any part or
remains of a body or still born
child and any part of a body
removed in the course of
surgical operation;
"inspector" means a person
authorised by the Board under
this Part;
"mausoleum" means premises other
than a columbarium used as a
place of interment of human
remains in sealed crypt or
compartment;
"Minister" means the Minister
responsible for Health;
"mortuary" means premises with
equipment for autopsy and cold
storage where human remains are
kept until disposal;
"practitioner" includes a person
with relevant training and
qualification or experience
acceptable by the Board and
registered to operate under this
Part and an undertaker,
embalmer, cremator and sexton;
"premises" includes a house,
building, structure, tent,
caravan, ship, boat, or an
aircraft;
"public hearing" means a meeting
of stakeholders in a community
connected with the matter;
"Registrar" means the Registrar
of the Mortuaries and Funeral
Facilities Agency;
"Regulations" means the
Regulations made under this
Part; and "Zonal Committee"
means the Zonal Mortuary and
Funeral Facilities Committee
which is made up of a team from
a district or a group of
districts within a region ..
Transitional provisions
58.
(1) The rights, assets and
liabilities accrued in respect
of properties vested in the
Board established under the
Mortuaries and Funeral
Facilities Act, 1998 (Act 563)
immediately before the
commencement of this Act and the
persons employed by the Board
shall be transferred to the
Agency established under this
Act and accordingly proceedings
taken by or against the former
Board may be continued by or
against the Agency.
(2) A contract subsisting
between the former Board
established under the Mortuaries
and Funeral Facilities Act, 1998
(Act 563) and a person and in
effect immediately before the
commencement of this Act shall
subsist between the Agency under
this Act and that other person.
Repeal and savings
59. (1) The Mortuaries and
Funeral Facilities Act, 1998
(Act 563) is hereby repealed.
(2) The register of
practitioners in use immediately
before the commencement of this
Act and each document prepared
or issued under Act 563 shall
continue in force as if kept,
prepared or issued under the
corresponding provisions of this
Act.
PART THREE-AMBULANCE COUNCIL
Establishment of the Council
Establishment of the Ambulance
Council
60. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Ambulance Council.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Council under the State Property
and Contracts Act 1960 (C.A 6)
or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Council.
Object of the Council
61. The object of the Council is
to regulate the operation of
ambulance services in the
country in accordance with
policy standards.
Functions of the Council
62. The functions of the Council
are to
(a)
set and enforce standards for
training of practitioners,
training institutions and for
service delivery;
(b)
monitor the operations of
ambulance services to ensure
that standards for pre-hospital
care delivery are maintained;
(c)
supervise, monitor and evaluate
practitioners, training
institutions and service
providers; (d) register
and licence practitioners;
(e) maintain a register for
practitioners
(f)
ensure equitable distribution of
ambulance service in the
country;
(g)
advise the Minister on policy
matters;
(g)
regulate the fees to be charged
by service providers;
(h)
collaborate with relevant
institutions for purposes of
this Part; and
(i)
perform any other functions that
are ancillary to its objects.
Governing body of the Council
63.
(1) The governing body of the
Council is a Board consisting of
(a) a chairperson,
(b)
one representative from the
Ministry of Health not below the
rank of Director,
(c)
one representative from the
Ghana National Fire Service not
below the rank of Deputy Chief
Fire Officer,
(d)
one representative from the
Attorney-General's Department
not below the rank of Principal
State Attorney,
(e)
one representative from the
National Disaster Management
Organisation,
(f)
one representative of private
ambulance service providers
nominated from among their
number,
(g)
two persons who are not health
professionals, one of whom is a
woman nominated by the Minister,
and
(h)
the Registrar.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Council.
Registration of practitioners
Registration of practitioners
64.
(1) A person shall not practise
pre-hospital care delivery
unless that person is registered
in accordance with this Part.
(2) A person seeking
registration shall apply to the
Registrar in the manner
determined by the Board.
(3) The registration is valid
for a period of three years and
is subject to renewal.
Qualification for registration
65.
(1) A person does not qualify to
practise pre-hospital care
delivery unless that person is
registered in accordance with
this Part.
(2) A person registered shall be
issued with a certificate and
shall be known as a
practitioner.
(3) Registration under this Part
shall be in addition to
registration required under any
other law for the time being in
force in respect of the
practice.
Temporary registration of
practitioners
66.
The Board may temporarily
register an applicant who does
not
intend to practise permanently
in the country if the applicant
has (a) the requisite
training from a recognised
institution, (b) a good
working knowledge of the English
language, (c) proof of
registration to practice, and
(d)
passed a qualifying evaluation
by the Council.
Renewal of certificate of
registration
67.
(1) A certificate ofregistration
is valid for three years and
shall be renewed subject to this
Part.
(2) The certificate of
registration shall be renewed by
the practitioner every three
years before the 31st of
December of the following
calendar year.
Annual list of practitioners
68.
The Registrar shall publish the
list of registered practitioners
annually in the Gazette.
Establishment of register
69.
(1) The Board shall establish
and keep a register in a form it
may
determine and shall record in it
(a)
the unique identification number
of a practitioner, (b)
certificates issued under this
Act,
(c)
suspension and cancellation of
certificates, and
(d)
other information relating to
the certificates that the Board
considers appropriate.
(2) A person may require the
Board to supply to that person
an extract from any part of the
register on payment of a fee.
Removal and restoration of names
from register
70.
(1) The Registrar shall on the
recommendations of the Board
remove from the register the
name of a person
(a)
who is dead,
(b)
who has been found guilty of
professional misconduct by the
Disciplinary Committee of the
Council, and
(c)
who has not paid the prescribed
fee.
(2) The name of a person may be
restored to the register by the
Registrar as directed by the
Board.
Suspension of registration
71. The Board may suspend the
registration of a practitioner
where (a) an offence or
allegation of professional
misconduct in relation to the
practitioner is being
investigated,
(b)
a false declaration has been
made in an application for
registration issued to the
practitioner, or
(c)
the practitioner has contravened
a provision of this Part.
Cancellation of registration
72. The Board shall cancel the
registration of a practitioner
on the recommendation of the
Disciplinary Committee of the
Council where the practitioner
(a)
is convicted of an offence under
this Part or the Regulations,
(b)
has lost the qualification on
the basis of which the
registration was made, or
(c)
is convicted to a term of
imprisonment for a criminal
offence.
Representation to the Board and
appeal
73. (1) Registration shall not
be suspended unless the Board
has given the practitioner at
least thirty days notice of its
intention to suspend the
registration and has provided
the practitioner an opportunity
to make a representation to the
Board.
(2) Registration shall not be
cancelled unless the Board has
given the practitioner at least
thirty days notice of its
intention to cancel the
registration.
(3) A person dissatisfied with a
decision of the Board may appeal
to the High Court.
Licensing
Requirement of licence for
operation of ambulance services
74. (1) Subject to this Part, a
person shall not establish,
operate or otherwise provide an
ambulance service unless that
person has been granted a
licence for that purpose by the
Board.
(2) The ambulance services
required to be provided under
this Part are specified in the
Second Schedule.
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Qualification for
licence
75. A licence under
this Part may only
be granted to (a)
a citizen,
(b)
a body corporate
registered under the
Companies Act, 1963
(Act 179) or under
any other law,
(c)
a partnership
registered under the
Incorporated Private
Partnerships Act,
1962 (Act 152), or
(d)
a foreign individual
or foreign company
in a registered
joint venture
relationship with a
citizen of Ghana or
a Ghanaian company.
Application for a
licence
76. A person may
apply to the Board
for a licence in the
manner determined by
the Board with the
prescribed fee.
Issue of a licence
77. (1) Where an
applicant meets the
conditions required
by this Part for a
licence to
establish, operate
or otherwise provide
an ambulance
service, the Board
shall approve the
application and
issue the applicant
with the licence to
provide the approved
ambulance service.
(2) Despite
subsection (1), the
Board may for
reasons in the
public interest,
public safety or
public security
decide not to issue
an applicant with a
licence and shall
inform the applicant
of its decision
within thirty days.
(3) A licence issued
is valid for a
period of three
years and may be
renewed.
(4) A licence issued
under this Part
shall bear a unique
identification
number to be used by
the facility in
transactions.
Renewal of a licence
78. (1) An
application for the
renewal of a licence
shall be made to the
Board not later than
two months prior to
its expiry and in
the manner
determined by the
Board.
(2) An applicant who
seeks to renew a
licence shall pay
the prescribed fee
prior to the issue
of the licence.
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(3) A licensee who fails to
renew a licence or whose
application for renewal is
rejected by the Board shall
cease to provide the ambulance
service within thirty days after
the expiration of the licence
Use of ambulance and siren
84. (1) A person shall not
operate or use an ambulance
licensed for the provision of
ambulance services for a purpose
other than that related to a
service specified in the Second
Schedule.
(2) A person who drives an
ambulance shall ensure that the
emergency lights and siren of
the ambulance are on only when
it is in operation.
(3) An ambulance shall not be
used as a hearse.
(4) A person who contravenes
subsection (1), (2) or (3)
commits an offence and is liable
on summary conviction to a fine
of not more than five hundred
penalty units or to a term of
imprisonment of not more than
two years or to both.
Requirement of inscription and
siren device
85. (1) A licensee who intends
to use a vehicle designed for
the purpose of operating or
providing an ambulance service
shall prior to the use of that
vehicle ensure
(a)
that the inscription "ambulance"
is conspicuously displayed on
the trunk of the vehicle, and
(b)
the vehicle has the siren signal
device installed on it.
(2) A person who contravenes
subsection (1) is liable on
summary conviction to a fine of
not more than five hundred
penalty units or to a term of
imprisonment of not more than
two years or to both.
Training of pre-hospital care
persons
86. The Board shall approve the
teaching of pre-hospital care by
an accredited practitioner or
institution.
Entry of premises
87. A person authorised by the
Board may enter premises at a
reasonable time to inspect the
registration of a practitioner,
if that person has reasonable
cause to believe that an offence
under this Part has been or is
about to be or is being
committed on the premises.
Inspectors
88. (1) For the purposes of this
Part, inspectors may be
appointed for the Board.
(2) An inspector appointed under
this Part shall carry out the
functions that the Board may
determine.
(3) An inspector authorised by
the Board may at reasonable
times enter premises or an
ambulance used or suspected to
be used by a practitioner to
investigate activities there.
Obstruction of inspector
89.
(1) A person shall not obstruct
an authorised inspector in the
conduct of duties under this
Part.
(2) A person who contravenes
subsection (1) commits an
offence and is liable on summary
conviction to a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
more than two years or to both.
Right of
way to ambulance
90.
(1) Every road user shall give
clear and uninterrupted passage
to an ambulance being driven
which has its siren and
emergency lights activated.
(2) A person who contravenes
subsection (1) commits an
offence and is liable on summary
conviction to a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
more than two years or to both.
Regulations
91.
(1) The Minister may, on the
advice of the Board, by
legislative
instrument make Regulations to
(a)
prescribe the conditions for
registration of practitioners;
(b) prescribe practice
standards for practitioners;
(c)
provide for discipline of
practitioners;
(d)
prescribe the fees to be paid
under this Part;
(e)
provide for guidelines for
surveillance of accidents and
emergencies;
(f)
prescribe the designated
standards of equipment used in
ambulances;
(g)
provide for the needs of persons
physically challenged in
ambulance services;
(h)
prescribe accreditation
standards for training
institutions for practitioners;
(i)
amend the Second Schedule; and
(j)
provide for any other matter
necessary for the effective
implementation of the
provisions of this Part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
"relevant institution" includes
the National Disaster
Management Organisation, the
St. John Council of Ghana, the
Ghana Red Cross Society;
and an institution which for the
purposes of this Part needs to
collaborate with the Council.
"road" includes other passage;
and
"vehicle" means a
mechanically-propelled device.
Transitional provision
93. A person who owns or
operates an ambulance service
immediately before the
commencement of this Act shall
subject to this Part, apply
within three months from the
date of the commencement of this
Act for the grant of a licence.
PART FOUR-ADMINISTRATIVE AND
FINANCIAL PROVISIONS
Tenure of office of members of
the Board
94. (1) A member of the Board
shall hold office for a period
not exceeding three years and is
eligible for re-appointment but
a member shall not be appointed
for more than two terms.
(2) Subsection (1) does not
apply to the Registrar of the
Agency or Council.
(3) A member of the Board may at
any time resign from office in
writing addressed to the
President through the Minister.
(4) A member of the Board who is
absent from three consecutive
meetings of the Board without
sufficient cause ceases to be a
member of the Board.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Board,
is for a sufficient reason
unable to act as a member, the
Minister shall determine whether
the inability would result in a
declaration of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 96;
(b)
as a result of a declaration
under subsection (6); or (c)
by reason of the death of a
member
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Board
95.
(1) The Board shall meet at
least once every three months
for the despatch of business at
the times and in the places
determined by the chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the members of
the Board convene an
extraordinary meeting of the
Board at the place and time
determined by the chairperson.
(3) The quorum ofa meeting of
the Board is five members of the
Board or a greater number
determined by the Board in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, a member of the
Board elected by the members
present from among their number
shall preside.
(5) Matters before the Board
shall be decided by a majority
of the members present and
voting and in the event of an
equality of votes, the person
presiding shall have a casting
vote.
(6) The Board may co-opt a
person to attend a Board meeting
but that person shall not vote
on a matter for decision at the
meeting.
(7) The proceedings of the Board
shall not be invalidated by
reason of a vacancy among the
members or a defect in the
appointment or qualification of
a member.
Disclosure of interest
96.
(1) A member of the Board who
has an interest in a matter for
consideration
(a)shall disclose the nature of
the interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
shall not participate in the
deliberations of the Board in
respect of that matter.
(2) A member ceases to be a
member of the Board, if that
member has an interest in a
matter before the Board and
(a)
fails to disclose that interest,
or
(b)
participates in deliberations of
the matter.
Establishment of committees
97. The Board may establish
committees consisting of members
of the Board or non members or
both to perform its functions.
Allowances
98. Members of the Board and
members of a committee of the
Board shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
Ministerial directives
99. The Minister may give policy
directives in writing to the
Board.
Registrar
100. (1) The President shall
appoint a Registrar for the
Agency or the Council in
accordance with article 195 of
the Constitution.
(2) The Registrar shall be a
practitioner with considerable
administrative and managerial
experience or training.
(3) The Registrar shall hold
office on the terms and
conditions specified in the
letter of appointment.
Functions of the Registrar
101. (1) The Registrar is
responsible for the day to day
administration of the affairs
of the Agency or Council and is
answerable to the Board in the
performance of functions under
this Act.
(2) The Registrar shall perform
any other functions determined
by the Board.
(3) The Registrar may delegate a
function to an officer of the
Agency or Council but is not
relieved from ultimate
responsibility for the
performance of a delegated
function.
(4) The Registrar shall be the
secretary to the Board.
Appointment of other staff
102. (1) The President shall, in
accordance with article 195 of
the Constitution, appoint other
staff of the Agency or Council.
(2) The Agency or Council shall
have any other officers and
staff that are necessary for the
proper and effective performance
of its functions.
(3) Other public officers may be
transferred or seconded to the
Agency or Council or may
otherwise give assistance to it.
(4) The Agency or Council may
engage the services of advisers
on the recommendation of the
Board.
Funds of the Agency or Council
103.
The funds of the Agency or
Council include (a)
moneys provided by Parliament,
(b)
donations, grants and loans,
(c)
service fees, and
(d)
any other moneys that are
approved by the Minister
responsible for Finance.
Accounts and audit
104.
(1) The Board shall keep books
of account and proper records in
relation to them in the form
approved by the Auditor-General.
(2) The Board shall submit the
accounts of the Agency or
Council to the Auditor-General
for audit within three months
after the end of the financial
year.
(3) The Auditor-General shall,
not later than three months
after the receipt of the
accounts, audit the accounts and
forward a copy of the audit
report to the Minister.
(4) The financial year of the
Agency or Council shall be the
same as the financial year of
the Government.
Annual reports
105.
(1) The Board shall, within one
month after the receipt of the
audit report, submit an annual
report to the Minister covering
the operations of the Agency or
Council for the year to which
the report relates.
(2) The annual report shall
include the report of the
AuditorGeneral.
(3) The Minister shall within
one month after the receipt of
the annual report submit the
report to Parliament with a
statement that the Minister
considers necessary.
(4) The Board shall also submit
to the Minister any other
reports which the Minister may
require in writing.
Interpretation
106.
In this Part unless the context
otherwise requires,
"Agency" means the Health
Facilities Regulatory Agency and
the Mortuaries and Funeral
Facilities Agency;
"Board" means the governing body
of the Health Facilities
Regulatory Agency, the governing
body of the Mortuaries and
Funeral Facilities Agency and
the governing body of the
Ambulance Council; and
"Council" means the Ambulance
Council.
FIRST SCHEDULE
(Section
11 (2))
Facilities to be licenced
The following facilities shall
be licenced under this Act:
(a) medical and dental
(clinics and hospital); (b)
eye care clinics;
(c)
convalescent and nursing homes;
(d) geriatric homes;
(e)
maternity homes;
(f)
occupational therapy clinics;
(g) physiotherapy clinics;
(h)
dental technology laboratory;
(i)
clinical and
bio-medicallaboratory (j)
medical assistant clinics;
(k)
diagnostic-imaging technology
clinics; (l) pharmacies
and chemical shops;
(m)esteopathy clinics;
(n)
prostherics and orthotics
clinics; and
(0)
any other health care clinic or
premises that may be determined
by the Minister.
SECOND SCHEDULE
(Section
74 (2)
and 80 (1))
(Ambulance services to be
provided) Ambulance services
required to be provided under
this Act are:
(a)
24-hour standby service to
respond to 193 and other emer-
gency calls;
(b)
pre-hospital care during
emergency response; (c)
transportation 'of patients to
and from hospital;
(d)
provision of services for public
and private gatherings; (e)
training of Emergency
Medical Technicians;
(f)
training of First Responders;
(g)
promotion of training for health
professionals in life support
courses;
(h)
promotion of first aid training
to the general public; and
(i) provision of reliable
and timely information for
effective ambulance operation
countrywide.
Date of Gazette
notification:
Health
Institutions and Facilities Act,
2011 Act 829
ARRANGEMENT OF
SECTIONS
Section
1, Application
PART ONE -HEALTH FACILITIES
REGULATORY AGENCY
Establishment of the Agency
2, Establishment of the Agency
3, Object of the Agency
4, Functions of the Agency
5. Governing body of the Agency
Zonal Health Facilities
Committees
6.
Establishment of Zonal Health
Facilities Committees
7.
Composition of a Zonal Committee
8.
Functions of a Zonal Committee
9.
Tenure of office and meetings of
a Zonal Committee
10.
Petitions from a Zonal Committee
Licensing of facilities
11.
Facilities to be licensed
12.
Application and conditions for a
licence
13.
Application by non-citizen
14.
Issue of licence
15.
Revocation of licence
16.
Notice of refusal to issue or
renew a licence
17.
Representations to the Board
18.
Application for additional
services
19.
Display of licence
20.
Submission of health service
data
21.
Power of entry and inspection
22.
Obstruction of inspector
Miscellaneous provisions
23.
Offences
24.
Regulations
25.
Interpretation
26.
Transitional provisions
27.
Repeals and savings
PART TWO -MORTUARIES AND FUNERAL
FACILITIES AGENCY
Establishment of the Agency
28.
Establishment of the Agency
29.
Object of the Agency
30.
Functions of the Agency
31.
Governing body of the Agency
Zonal Mortuary and Funeral
Facilities Committees
32.
Establishment of Zonal Mortuary
and Funeral Facilities
Committees
33.
Composition of a Zonal Committee
34.
Functions of a Zonal Committee
35.
Petitions from a Zonal Committee
Registration of practitioners
36.
Registration of practitioners
37.
Application for registration
38.
Qualification of practitioners
39.
Register of practitioners
40.
Cancellation of registration
41.
Suspension of registration
42.
Representation to the Board
Licensing of facilities
43.
Licence of facility
44.
Application and conditions for a
licence
45.
Issue and renewal of licence
46.
Revocation of licence
47.
Notice of refusal to renew
licence
48.
Representations to the Board
49.
Power of entry and inspection
50.
Obstruction of inspector
Burial grounds
51.
Authorised burial grounds
52.
District Assembly to provide
burial grounds
53.
Private burial grounds
54.
Exhumation
55.Miscellaneous
provisions
56.
Offences
57.
Regulations
58.
Interpretation
59.
Transitional provisions
60.
Repeal and savings
PART THREE-AMBULANCE COUNCIL
Establishment of the Council
60.
Establishment of the Ambulance
Council
61.
Object of the Council
62.
Functions of the Council
63. Governing body of the
Council
Registration of practitioners
64.
Registration of practitioners
65.
Qualification for registration
66.
Temporary registration of
non-citizens
67.
Renewal of certificate of
registration
68.
Annual list of practitioners
69.
Establishment of register
70.
Removal and restoration of names
from register
71.
Suspension of registration
72.
Cancellation of registration
73.
Representation to the Board and
appeal
Licensing
74.
Requirement of licence for
operation of ambulance services
75.
Qualification for licence
76.
Application for a licence
77.
Issue of a licence
78.
Renewal of a licence
79.
Display of a licence
80.
Non transferability of a licence
81.
Power to modify a licence
82.
Revocation, suspension and
refusal to renew a licence
Regulation of ambulance services
83.
Publication of designated
standards of ambulance equipment
84.
Use of ambulance and siren
85.
Requirement of inscription and
siren device
86.
Training of pre-hospital care
persons
87.
Entry of premises
88.
Inspectors
89.
Obstruction of inspector
90.
Right of way to ambulance
91.
Regulations
92.
Interpretation
93.
Transitional provision
94.PART
FOUR- ADMINISTRATIVE AND
FINANCIAL PROVISIONS
95.
Tenure of office of members of
the Board
96.
Meetings of the Board
97.
Disclosure of interest
98.
Establishment of committees
99.
Allowances
100.
Ministerial directives
101.
Registrar
102.
Functions of the Registrar
103.
Appointment of other staff
104.
Funds of the Agency or Council
105.
Accounts and audit
106.
Annual reports
107.
Interpretation
SCHEDULES
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
HEALTH INSTITUTIONS
AND FACILITIES
ACT, 2011
AN ACT to provide for a Health
Facilities Regulatory Agency to
license facilities for the
provision of public and private
health care services, to
establish the Mortuaries and
Funeral Facilities Agency to
control and regulate facilities
connected with the storage and
disposal of human remains, to
establish an Ambulance Council
to regulate the operation of
ambulance services in the
country in accordance with
policy standards and to provide
for related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
Application
1.
This Act binds the Republic.
PART ONE -HEALTH FACILITIES
REGULATORY AGENCY
Establishment of the Agency
Establishment of the Agency
2. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Health Facilities
Regulatory Agency.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Agency under the State Property
and Contracts Act, 1960 (C. A.
6) or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Agency.
Object of the Agency
3. The object of the Agency is
to license and monitor
facilities for the provision of
public and private health care
services.
Functions of the Agency
4. The functions of the Agency
are to
(a)
receive, consider and approve
applications for licences under
this Part;
(b)
inspect and license facilities
intended for the provision of
public and private health care
services;
(c)
determine the basic and minimum
equipment and personnel required
for the type of service to be
provided in a practice; (d)
regulate and monitor
activities in a practice to
determine the adequacy and
standard of health care
provided;
(e)
collaborate with any other
person or authority to
(i) maintain professional
standards in a practice;
(ii) regularly assess health
facilities for certification and
accreditation;
(iii) achieve continual quality
improvement of health care
providers; and
(f)
perform any other functions that
are ancillary to the object of
the Agency.
Governing body of the Agency
5. (1) The governing body of the
Agency is a Board consisting of
(a) one representative
from a public health facility
nominated by the Minister in
consultation with the relevant
professional body, (b)
one representative from the
National Health Insurance
Authority not below the rank of
a Director,
(c)
one representative from the
Attorney-General's Department,
not below the level of a
Principal State Attorney,
(d)
one bio-medical engineer
nominated by the Minister in
consultation with the Ghana
Institution of Engineers,
(e)
one representative of the
Ministry of Health nominated by
the Minister,
(f)
the Registrar, and
(g)
three other persons nominated by
the Minister which shall include
a nursing officer of a senior
rank and a private medical
practioner.
(2) The President shall.
(a)
appoint the members of the Board
in accordance with article 70 of
the Constitution;
(b)
have regard to gender in the
appointment of members of the
Board; and
(c)
select one of the members to be
chairperson.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Agency.
Zonal Health Facilities
Committees
Establishment of Zonal Health
Facilities Committees
6. There shall be established
Zonal Health Facilities
Committees.
Composition of a Zonal Committee
7. (1) A Zonal Committee shall
comprise not more than five
members with the relevant
qualification, expertise and
experience at least one of whom
is a woman.
(2) The members of a Zonal
Committee shall be appointed by
the Board.
Functions of a Zonal Committee
8. A Zonal Committee shall,
(a)
receive applications on behalf
of the Board and make
recommendations to the Board for
the licensing of facilities for
a practice;
(b)
monitor the operations of
licenced facilities in the zone;
(c) receive licencing
fees on behalf of the Board;
(d)
inspect a facility and the
equipment to be used in a
practice; (e) appraise
the technical specifications of
a facility for a licence;
(f)
effect a temporary closure of a
facility with the assistance of
a senior police officer not
below the rank of Assistant
Superintendent of Police;
(g)
submit a report of a
contravention of a provision of
this Part to the Board within
fourteen days of becoming aware
of the contravention;
(h)
submit quarterly reports on its
activities to the Board; and
(i) perform any other
function assigned to it by the
Board.
Tenure of office and
meetings
of a Zonal Committee
9.
The provisions of sections 94
and 95 relating to tenure of
office and meetings of the Board
under this Act shall apply with
the necessary modifications to
the tenure of office and
meetings of a Zonal Committee.
Petitions from a Zonal Committee
10.
(1) A person aggrieved by a
decision or an action of a Zonal
Committee may submit a petition
to the Board.
(2) The Board shall
(a)
consider the petition within
fourteen days of receipt of the
petition; and
(b)
communicate its decision to the
aggrieved person within thirty
days after consideration of the
petition.
(3) Subsection (1) does not
limit a right of action to
obtain redress from the Court.
Licensing of facilities
Facilities to be licensed
11.
(1) A person shall not operate a
facility unless the facility is
licensed under this Act.
(2) A person shall not operate
equipment in a facility
specified in the First Schedule
unless the facility in which the
person operates is licensed
under this Act.
Application and conditions for a
licence
12.
(1) A person shall apply to the
Agency for a licence within the
area in which the practice is to
be operated in the form
determined by the Board.
(2) There shall be attached to
the application
(a)
the block plan of the facility
for the practice;
(b)
preliminary approval from the
district planning authority of
the District Assembly on the
suitability of the land and
facility to be used for the
practice;
(c)
clearance from the Environmental
Protection Agency; (d)
plans for the disposal of
medical waste;
(e)
copies of certificates of
proposed practitioners in the
practice and proof of their
registration with the
appropriate professional
bodies;
(f)
a list of the types of services
to be rendered;
(g)
a list of equipment in the
practice with their technical
specifications;
(h)
evidence of financial capability
for the ownership and operation
of the practice applied for;
(i)
the prescribed fee; and
(j)
any other requirement specified
by the Board.
(3) A licence shall not be
granted to an applicant for a
facility unless the Agency is
satisfied that
(a)
the applicant or managing
employee of the applicant has at
least five years post
qualification experience in a
recognised institution of
relevance to the profession of
the practice;
(b)
the past and present conduct of
the person concerned with the
operation of the practice
provides reasonable grounds to
believe that the applicant will
operate in accordance with this
Part;
(c)
the applicant is able to provide
the resources and equipment
required to operate the
practice; and
(d)
any other requirement specified
by the Board has been complied
with.
(4) The person concerned with
the operation of the practice in
subsection (3) (b) for a
facility includes (a) the
applicant,
(b)
an officer or director of the
practice,
(c)
a person who has equity shares
in the practice or an officer or
a director, or
(d)
a person who has a beneficial
interest in the operation of the
practice.
Application by non-citizen
13.
(1) Subject to section 12, a
person who is not a citizen may
apply to the Agency to own or
operate a practice in a facility
if that person (a)
possesses a valid work permit
issued by the Minister for the
Interior,
(b)
is registered with the
appropriate regulatory
professional body in Ghana,
(c)
has at least five years post
qualification experience in a
recognised institution of
relevance to the profession of
the practice,
(d)
has a Ghanaian professional in a
similar discipline as a business
partner, and
(e)
has fulfilled any other
conditions set by the Board.
(2) A person who is not a
citizen shall not own or operate
a facility unless that person
has practised in the profession
in the country for at least one
year in a recognised
institution.
Issue of licence
14.
(1) Where a Zonal Committee is
satisfied that an applicant has
fulfilled the required
conditions, it shall recommend
to the Board to issue a licence
to the applicant.
(2) The Registrar may issue a
provisional licence within
thirty days of receipt of the
application and the Board shall
issue the licence on or before
the next quarterly meeting of
the Board after receipt of the
recommendation from the Zonal
Committee.
(3) A provisional licence issued
by the Registrar is valid for
six months from the date of
issue.
(4) A licence issued by the
Board is valid for three years
after the date of issue and may
be renewed subject to this Act.
(5) The applicant shall pay the
prescribed fee in respect of the
licence or a renewal of it.
Revocation of licence
15.
The Board may on its own or on
the recommendation of a Zonal
Committee revoke or refuse to
renew a licence for a practice
if
(a)
the state of the facility
disqualifies the licensee from
being granted a licence; or
(b)
it has reasonable grounds to
believe that the continued
operation of the Practice by the
licensee will create a risk to
public health, public safety or
is indecent.
Notice of refusal to issue or
renew a licence
16.
(1) Where the Board intends to
refuse to issue or renew a
licence,
the Board shall give the
applicant or licensee (a)
a notice of intention to refuse,
(b)
reasons for the intention to
refuse, and
(c)
an opportunity to make a
representation to the Board.
(2) Where a licence is either
refused or revoked the applicant
or the licensee shall be
informed of the reason within
four weeks of the refusal or
revocation.
Representations to the Board
17. (1) An applicant or licensee
who receives a notice under
section 15 (a) may make a
representation to the Board
within twenty-one days after the
date of receipt of the notice of
refusal.
(2) Where a representation is
not made, the Board may refuse
to issue or renew the licence or
may revoke the licence after the
time specified in the notice has
expired.
(3) Where representation is made
to the Board the affected
practice shall operate under the
supervision of a person or body
appointed by the Board until the
Board determines the case within
a reasonable time.
(4) A person who is aggrieved by
the refusal of the Board to
issue or renew a licence may
seek redress in Court.
Application of additional
services
18. An owner or operator of a
practice shall apply to the
Board for the provision of
additional services which were
not listed in the original
application.
Display oflicence
19. A licence issued under this
Part shall be displayed in a
prominent place which is
accessible to patients and
clients in the premises of the
practice.
Submission of health service
data
20.
The licensee of a practice shall
submit health service data to
the Ministry every three months
or as directed in writing by the
Minister.
Power of entry and inspection
21.
(1) An inspector may at any time
enter facilities used for a
practice
and shall inspect
(a)
the licence, registers and books
of the practice, (b) the
facility including the
equipment, and
(c)
any other thing which is
relevant to the practice and
make recommendations to the
Board.
(2) The inspector shall at the
request of the person in charge
of the practice or facility
produce an identity and
authorisation from the Board for
the inspection.
(3) The Board shall cause a
practice to be inspected at
least once a
year.
(4) A police officer not below
the rank of an Assistant
Superintendent may enter any
premises if there is reasonable
cause to believe that an offence
with respect to this Part has
been, is being or is about to be
committed on the premises and
may arrest the offender.
(5) The Board shall order the
closure of a facility or a part
of the facility if it is
considered in the public
interest to do so.
(6) This section shall not be
construed as authorising the
inspection in a practice of a
medical record relating to a
patient unless authorised by a
Court.
Obstruction of inspector
22.
A person shall not obstruct an
inspector in the discharge of
duties under this Part.
Miscellaneous provisions
Offences
23.
A person who
(a)
owns a practice and operates in
an unlicensed facility,
(b) fails to renew a
licence and continues to
practice,
(c)
provides unauthorised services
in a licensed facility,
(d)
prevents an authorised person
from closing down the practice,
Offences
23.
A person who
(a)
owns a practice and operates in
an unlicensed facility,
(b)
fails to renew a licence and
continues to practice
(c)
provides unauthorised services
in a licensed facility,
(d)
prevents an authorised person
from closing down the practice,
(e)
obstructs the entry for
inspection of an inspector,
(f)
breaches a condition of a
provisional licence issued by
the Registrar,
(g)
breaches a condition of a
licence issued by the Board,
(h)
makes a false declaration on an
application form for a licence,
(i)
provides the Board with false
information concerning the
premises or practice,
(j)
practices in a facility without
the appropriate registration,
(k) fails to submit a health
service data required under
section 20 to the Ministry,
(I)
poses as an inspector to
obstruct a licenced service
provider; or (m)contravenes any
other provision of this Part,
commits an offence and is liable
on summary conviction to a fme
of not more than five thousand
penalty units or to a term of
imprisonment of not more than
ten years or to both and in the
case of a continuing offence, to
a further fine often penalty
units for each day during which
the offence continues after
written notice has been served
on the offender by the Board and
the Court may order the
temporary or permanent closure
of the facility.
Regulations
24.
(1) The Minister, may on the
advice of the Board, by
legislative instrument, make
Regulations to
(a)
provide for the supervision and
inspection of premises;
(b)
provide for the prescription of
safety standards for premises
and sanitary arrangements of a
practice;
(c)
regulate the accommodation and
appropriate equipment for each
type of practice;
(d)
provide for the prevention of
the spread of infectious
diseases;
(e)
prescribe the registers and
records to be kept in a
facility; (/) prescribe the fees
to be paid for the licensing of
facilities; (g) regulate
the preparation and storage of
food and other
logistics;
(h)
prescribe the registers and
records to be kept in respect of
patients;
(i)
prescribe the notification of
deaths, births, stillbirths,
miscarriages and abortions to
the appropriate authority;
(j)
prescribe the records to be kept
when a child who is born in a
health facility is discharged or
otherwise leaves the hospital
without authority;
(k)
prescribe the type of health
data to be submitted to the
Ministry and the mode of keeping
the data;
(I)
prescribe additional health care
services to be registered under
this Part;
(m)
provide for the conditions for
the issuance and renewal of a
licence;
(n)
provide for the accreditation of
facilities;
(0)
provide for the disposal of
medical waste; and
(p)
provide for any other matter
necessary for the effective
implementation of this Part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
Interpretation
25. In this Part unless the
context otherwise requires,
"Agency" means the Health
Facilities Regulatory Agency;
"allopathic medicine" means a
system of medical practice that
is based on application of
rational scientific evidence and
enquiry which has been the
dominant practice since the 19th
century and is also referred to
as western or orthodox medicine;
"Board" means the governing body
of the Agency; "convalescent
home" means an institution where
a patient can be admitted for a
short stay for complete recovery
after having been admitted and
discharged from a hospital;
"district" includes the area of
authority of a District Assembly
and a municipal and metropolitan
authority;
"facility" means premises used
for a practice;
"geriatric home" means a home
for the aged;
"health care services" means
allopathic medicine;
"hospital" includes a clinic
which has lying-in facilities;
"inspector" means a person
authorised by the Board under
this
Part;
"licence" means a licence for
the operation of a practice;
"lying-in facility" means a
place where provision is made
for nursing care, investigative
service and any other medical
services;
"maternity home" means a
building or any other premises
where provision is made for
medical attention or nursing
facilities before, during or
after childbirth whether
gratuitously or for a fee;
"medical assistant" means a
person registered under the
relevant law who is trained and
recognised by the Ministry of
Health to do medical screening
and treatment in health posts,
clinics and hospitals;
"medical waste" means waste
generated from a practice;
"Minister" means the Minister
responsible for Health; "nursing
home" means an institution for
taking care of people
who cannot be kept in or
returned to their own homes
after treatment in a hospital;
"practice" includes medical and
dental services, services in
clinics and hospitals, services
in pharmacies and chemical
shops, optometry and optician
services, chiropody,
convalescent and nursing homes
services, community health
services, geriatric homes,
nursing care, nursing agencies,
maternity homes and occupational
therapy services, physiotherapy
services, dental laboratory
technology services, clinical
and bio-medicallaboratory
technology services, ophthalmic
nursing services and physician
assistant services;
"practitioner" means a person
registered with the appropriate
regulatory professional body in
Ghana under the relevant law who
is capable of functioning in a
practice; "premises" includes a
house, building, structure,
tent, caravan, land, ship, boat,
an aircraft and a mechanically
propelled vehicle;
"prescribe" means prescribed by
Regulations;
"recognised institution" means
an institution that is approved
by the Board, the Pharmacy
Council, the Medical and Dental
Council or the Ministry of
Health which has the requisite
facilities and staff to provide
community health care services,
district health care services
and specialised health care
services in the relevant
discipline or profession;
"Regulations" means the
Regulations made under this Act;
"regulator" means the Private
Hospitals and Maternity Homes
Board established under the
Private Hospitals and Maternity
HomesAct, 1958 (No. 9) and the
Pharmacy Council established
under the Pharmacy Act, 1994
(Act 489);
"unauthorised practice" means
services in facility that is not
registered with the Board, or
services that a facility has not
been registered to perform; and
"Zonal Committee" means a Zonal
Health Facilities Committee
which is made up of a team from
a district or a group of
districts within a region.
Transitional provisions
26. (1) A person who operates a
health facility before the
commencement of this Act, shall
apply for a licence to operate
the facility after the
expiration of the existing
licence.
(2) An application for a licence
pending before a regulator
before the commencement of this
Act shall be processed by the
regulator.
(3) The Pharmacy Council shall
transfer to the Agency any
information , knowledge,
materials and staff necessary
for the efficient and effective
performance of the functions of
the Agency within five years
after the commencement of this
Act
(4) The Board shall be
established by the President
within three months after the
commencement of this Act.
Repeal and savings
27. (1) The Private Hospitals
and Maternity Homes Act, 1958
(No.9) is hereby repealed.
(2) The register of
practitioners in use immediately
before the commencement of this
Act and each document prepared
or issued under the Private
Hospitals and Maternity Homes
Act, 1958 (No.9) shall continue
in force as if kept, prepared or
issued under the corresponding
provisions of this Act.
28. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Mortuaries and Funeral
Facilities Agency
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Agency under the State Property
and Contracts Act, 1960 (C. A.
6) or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Agency.
Object of the Agency
The object of the Agency is to
licence, control and regulate
facilities connected with the
storage, transportation and
disposal of human remams
PART TWO-MORTUARIES AND FUNERAL
FACILITIES AGENCY
Establishment of the Agency
Establishment of the Agency
Functions of the Agency
30.
(1) The functions of the Agency
are to (a) regulate
facilities under this Part;
(b) licence and register
practitioners;
(c)
determine basic specifications
of equipment for facilities;
(d) ensure in the public
interest the provision of the
highest
standards of service by
practitioners;
(e)
regulate the siting of
facilities in the country;
(f) issue licences for
facilities;
(g)
categorise and classify the
various facilities for handling
human remains;
(h)
establish, develop and maintain
practice standards for
practitioners;
(i)
establish standards and provide
guidelines for the development
of curriculum for training of
practitioners in collaboration
with training institutions;
OJ
approve courses of study and
examinations for the
qualification of applicants for
registration in collaboration
with educational institutions;
(k)
promote public educational
activities with respect to this
Part;
(I)
supervise and monitor activities
of the Zonal Mortuaries and
Funeral Facilities Committees
under this Part; (m)investigate
complaints and take appropriate
actions;
(n)
control and monitor the
standards of service for storage
and disposal of human remains in
public and private institutions;
and (0) perform any other
functions that are ancillary to
the object of the Agency.
(2) The Agency may delegate any
of its functions to a person or
an authority that it may
determine.
Governing body of the Agency
31. (1) The governing body of
the Agency is a Board consisting
of (a) a pathologist
preferably an anatomic
pathologist nominated by the
Minister as chairperson,
(b)
the Registrar,
(c)
one representative from the
Births and Deaths Registry not
below the rank of a Director,
(d)
one representative from the
Ministry responsible for Local
Government and Rural Development
not below the rank of a
Director,
(e)
one representative from the
Environmental Protection Agency
not below the rank of a
Director,
(f)
one practitioner under this Part
with relevant professional
background nominated by the
Minister in consultation with
the professional body,
(g)
one representative of the
Attorney-General not below the
level of Principal State
Attorney, and
(h)
two other persons at least one
of whom is a woman nominated by
the Minister.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Agency.
Zonal Mortuary and Funeral
Facilities Committees
Establishment of Zonal Mortuary
and Funeral Facilities Committee
32. There is hereby established
Zonal Mortuary and Funeral
Facilities Committees.
Composition of a Zonal Committee
33. (1) A Zonal Committee shall
consist of (a) a
Chairperson,
(b)
a District Director of Health
Services who shall be the
Secretary,
(c)
a police officer not below the
rank of Assistant
Superintendent, (d) one
representative of the District
Assembly from the relevant
committee,
(e)
a district representative of the
Registrar for Births and Deaths,
and
(f)
two representatives of
practitioners elected by the
practitioners at least one of
whom is a woman
(2) The chairperson and members
of a Zonal Committee shall be
appointed by the Board.
Functions of a Zonal
Committee
34.
(1) A Zonal Committee shall, in
the respective zone (a)
issue temporary licences for
facilities;
(b)
inform the Board of the
temporary licences issued;
(c)
decide on the siting of
facilities, hold public hearings
on the issue where necessary and
inform the Board;
(d)
inspect facilities;
(e)
submit a report of a
contravention of a provision of
this Act to the Board within
fourteen days of becoming aware
of the contravention;
(f)
carry out temporary closure of
facilities and report the
closure
to the Board;
(g)
maintain a list of facilities
operating in the zone; (h)
submit to the Board the
reports it shall direct; and
(i)
perform any other functions
determined by the Board.
(2) A Zonal Committee in the
performance of its functions
shall collaborate with the
relevant sub-committees of the
District Assembly.
(3) Sections 94 and 95 shall
apply with the necessary
modification to a Zonal
Committee.
Petitions from Zonal Committees
35.
(1) A person aggrieved by a
decision or an action of a Zonal
Committee may submit a petition
to the Board.
(2) This section does not limit
a right of action to obtain
redress from the Court.
Registration of practitioners
Registration of practitioners
36.
A person other than a registered
pathologist shall not operate in
a facility as a practitioner
unless that person is registered
under this Part.
Application for registration
37.
A person shall apply for
registration to practice in the
prescribed form through the
Registrar of the Agency.
Qualification of practitioners
38.
(1) Where the Board is satisfied
that the applicant has adequate
relevant training, qualification
or experience, it shall direct
the Registrar to record the name
of the applicant in the register
of practitioners.
(2) The Registrar shall issue
the applicant with a certificate
of registration on the payment·
of the prescribed fee.
(3) A person issued with a
certificate under subsection (2)
is known as a practitioner for
the purposes of this Part.
(4) Registration under this Part
is in addition to registration
required under any other law in
respect of the practice.
(5) The certificate of
registration is valid for three
years from the date of issue.
(6) The certificate shall be
renewed subject to this Part.
Register of practitioners
39.
The Registrar shall record in a
register the names and any other
particulars of practitioners.
Cancellation
of registration
40.
(1) A certificate of a
practitioner shall be cancelled
by the Board
on the recommendations of the
Registrar where the practitioner
(a)
is convicted of an offence under
this Part or the Regulations,
(b) has breached any of
the terms of the licence for the
facility,
(c)
no longer has the qualification
on the basis of which the
registration was made, or
(d)
is sentenced to a term of
imprisonment for a criminal
offence.
(2) The Board may, in the public
interest, cancel the certificate
of a practitioner.
Suspension of registration
41.
(1) The Board may suspend the
registration of a practitioner
for a period determined by the
Board where
(a)
an offence in relation to the
practitioner is being
investigated, (b) an
allegation of misconduct has
been made against the
practitioner,
(c)
a false declaration has been
made in a certificate issued by
the practitioner, or
(d)
the practitioner has contravened
but has not been convicted of a
provision of this Part.
(2) The Board shall conclude its
investigation within a period of
six months from the time of the
suspension of the practitioner.
(3) The Board may restore the
registration of a practitioner.
Representation to the Board
42. (1) A practitioner whose
registration is cancelled or
suspended may make a
representation to the Board
within sixty days after the
cancellation or suspension.
(2) The Board may refuse to
restore the registration of a
practitioner after the time
specified to make the
representation has expired.
(3) Where successful
representation is made to the
Board, the registration of the
practitioner shall be restored
by the Board.
Licensing of facilities
Licence of facility
43. (1) A person shall not own
or operate a facility unless
that facility is licensed under
this Part.
(2) Facilities required to be
licensed are
(a)
cold storage facilities for
human remains; (b)
mortuaries;
(c)
funeral homes; (d)
crematoria;
(e)
columbaria;
(f)
mausoleums; (g)
cemeteries;
(h)
hearses; and
(i)
any other facility that the
Minister may determine on the
recommendation of the Board.
Application and conditions for a
licence
44. (1) A person may apply to
the Board for a licence to own
or operate a facility.
(2) There shall be attached to
the application
(a)
a preliminary approval from the
district planning officer of the
suitability of the land or
premises to be used for the
facility, (b) the block
plan of the facility,
(c)
clearance from the Environmental
Protection Agency, and (d)
evidence of financial
capability for the ownership or
operation of the facility
applied for.
(3) A licence shall not be
granted to an applicant unless
the Board is satisfied that
(a)
the past or present conduct of
the applicant concerned with the
operation of the facility
provides reasonable grounds to
believe that the applicant will
operate in accordance with this
Part, (b) the applicant
has the experience or training
to manage the facility in
accordance with this Part,
(c)
the applicant has submitted a
plan of the facility,
(d)
the applicant is able to provide
the resources and equipment
required to manage the facility,
and
(e)
any other requirement specified
by the Board has been complied
with.
Issue and renewal of licence
45.
(1) Where the Registrar is
satisfied that an applicant
qualifies under subsection (3)
of section 44 and has fulfilled
the other conditions required
under this Act, it shall issue a
provisional licence and inform
the Board.
(2) A provisional licence is
valid for six months.
(3) A licence issued by the
Board is valid for three years
from the date of issue and may
be renewed subject to this Act.
(4) The licence shall be
displayed in a prominent place
in the facility which is
accessible to a client.
Revocation of licence
46.
The Board may refuse to renew a
licence to own or operate a
facility if
(a)
the state of the licensee
disqualifies the applicant from
being granted a licence;
(b)
the licensee is a body corporate
and the shareholding of that
body has changed in such a way
as to compromise the financial
ability or technical competence
and standards of that body; or
(c)
the Board has reasonable grounds
to believe that the continued
operation of the facility by the
licensee compromises or is
likely to compromise the public
interest, public health, public
safety or is indecent.
Notice of refusal to renew
licence
47.
Where the Board intends to
refuse to renew a licence, the
Board
shall give the applicant or
licensee
(a)
a notice of intention to refuse,
(b)
reasons for the intention to
refuse, and
(c)
an opportunity to make
representations to the Board.
Representations to the Board
48.
(1) An applicant or licensee who
receives a notice under section
47 may make a representation to
the Board within sixty days
after the date of receipt of the
notice of refusal.
(2) Where a representation is
not made under subsection (1),
the Board may refuse to renew a
licence or may recommend the
revocation of the licence after
the time specified under
subsection (1) has expired.
(3) Where a representation is
made under this section, the
affected facility shall be
closed and shall not operate
until the case is determined by
the Board and the licence is
restored.
Power of entry and inspection
49.
(1) An inspector authorised by
the Board may at any time, on
production of an identity enter
and inspect
(a)
the licensed facilities under in
section 43 (2), or
(b)
premises suspected by the
authorised person to be
facilities required to be
licensed under section 43 (2).
(2) The inspector shall inspect
as applicable
(a)
the facility including plant and
equipment, (b) the
licence, registers and books of
the facility, (c) the
registration certificate of the
practitioner, (d) the
premises, and
(e)
any other thing which is
relevant to the facility and
make recommendations to the
Board.
(3) The Board may order the
closure of a facility if it is
considered to be in the public
interest to do so.
Obstruction of inspector
50.
A person shall not obstruct an
authorised inspector in the
performance of a function under
this Act.
Burial grounds
Authorised burial grounds
51.
(1) A person shall not bury the
human remains of a person in a
place other than a burial ground
authorised under this Part.
(2) A burial ground authorised
under this Part shall be
registered with the Zonal
Committee.
District Assembly to provide
burial grounds
52.
A District Assembly-shall, on
the advice of a Zonal Committee,
provide public burial grounds
which shall be licenced under
this Part.
Private burial grounds
53.
(1) A District Assembly shall,
on the advice of a Zonal
Committee, license as a private
burial ground any parcel of land
which a person may wish to set
aside as a private burial
ground.
(2) There shall be attached to
the licence, conditions
determined by the District
Assembly in consultation with
its sub-committee.
Exhumation
54.
(1) The Board through the
Minister and in consultation
with the relevant District
Assembly may apply to the
coroner to order the exhumation
of human remains and the removal
of the human remains to a place
it shall direct.
(2) Subject to the Coroners Act,
1960 (Act 18) a person shall not
exhume or remove any human
remains after burial except
under subsection (1).
55.
A person who
(a)
practices in a facility without
registering as a practitioner
except a licenced pathologist;
(b)
uses a facility for services
other than what it is licensed
for,
(c) fails to license a
facility;
(d)
makes a false declaration in an
application for registration or
for a licence;
(e)
fails to renew the registration
or licence to operate a
facility;
(f)
obstructs an inspector;
(g)
pollutes the environment in the
course of operations under this
Part;
(h)
accepts, releases or disposes of
human remains in contravention
of a provision of the
Regulations;
(0
buries human remains in a place
other than an authorised burial
ground;
(j)
exhumes or after burial, removes
any human remains without
authority; or
(k)
contravenes any other provision
of this Part;
commits an offence and is liable
on summary conviction to a fine
not exceeding five hundred
penalty units or to a term of
imprisonment not exceeding two
years or to both the fine and
the imprisonment and the Court
may order temporary or permanent
closure of the facility.
Regulations
56.
(1) The Minister may, by
legislative instrument, make
Regulations (a) for the
supervision and inspection of
facilities;
(b)
prescribing the standards of
sanitary, safety and security
arrangements of a facility;
(c)
specifying details and methods
of rendering services by
facilities;
(d)
for the management,
accommodation and equipment of a
facility;
(e)
for the preparation and storage
of chemical reagents and human
remains in facilities;
(f)
for procedures to disinfect
facilities and prevent
infection; (g)
prescribing the records to be
kept in the facilities in
respect
of human remains;
(h)
regulating the admission and
discharge of human remains;
(i) prescribing fees to be
paid under this Part;
(j)
related to
(i) embalming, (ii) cremation,
(iii) exportation,
(iv) importation, and
(v) burial of human remains, and
(k)
to provide for any other matter
necessary for the effective
implementation of the provisions
of this part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
57.
In this Part unless the context
otherwise requires,
"Agency" means the Mortuaries
and Funeral Facilities Agency;
"applicant" in accordance with
section 44 (3) includes
(a)
a managing employee,
(b)
a person holding more than ten
per cent of the equity shares of
the facility or a managing
employee, and (c) a
person who has a beneficial
interest in the operation of the
facility;
"Board" means the governing body
of the Mortuaries and Funeral
Facilities Agency;
"burial ground" includes land
set aside to be used for the
interment of human remains, a
mausoleum, cemetery, columbarium
or any other structure intended
for the interment of human
remains or cremated human
remains;
"client" means a person who
makes arrangements in respect of
the disposal of human remains
with a practitioner;
"cold storage facility" means
premises with refrigeration
equipment for storage of human
remains;
"columbarium" means a structure
designed for the purpose of
interring cremated human remains
in a sealed compartment;
"crematorium" means premises
fitted with appliances for the
purpose of cremating human
remains, a place or site used
for cremating human remains and
anything used in connection with
cremation;
"district" includes the area of
authority of a District Assembly
and of a municipal and
metropolitan authority;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"embalment" means the
preservation and disinfection of
all or part of a human body by
any means other than
refrigeration; "facility"
includes a cold store for human
remains, mortuary, funeral home,
crematoria, cemetery,
columbarium, mausoleum and a
hearse;
"funeral home" means premises
with or without cold storage
facility for human remains where
preparations for burial are
made;
"hearse" includes a device
registered for the purpose of
carrying or transporting human
remains with or without a
coffin;
"human remains" includes the
body of a deceased person or
still born child and any part or
remains of a body or still born
child and any part of a body
removed in the course of
surgical operation;
"inspector" means a person
authorised by the Board under
this Part;
"mausoleum" means premises other
than a columbarium used as a
place of interment of human
remains in sealed crypt or
compartment;
"Minister" means the Minister
responsible for Health;
"mortuary" means premises with
equipment for autopsy and cold
storage where human remains are
kept until disposal;
"practitioner" includes a person
with relevant training and
qualification or experience
acceptable by the Board and
registered to operate under this
Part and an undertaker,
embalmer, cremator and sexton;
"premises" includes a house,
building, structure, tent,
caravan, ship, boat, or an
aircraft;
"public hearing" means a meeting
of stakeholders in a community
connected with the matter;
"Registrar" means the Registrar
of the Mortuaries and Funeral
Facilities Agency;
"Regulations" means the
Regulations made under this
Part; and "Zonal Committee"
means the Zonal Mortuary and
Funeral Facilities Committee
which is made up of a team from
a district or a group of
districts within a region ..
Transitional provisions
58.
(1) The rights, assets and
liabilities accrued in respect
of properties vested in the
Board established under the
Mortuaries and Funeral
Facilities Act, 1998 (Act 563)
immediately before the
commencement of this Act and the
persons employed by the Board
shall be transferred to the
Agency established under this
Act and accordingly proceedings
taken by or against the former
Board may be continued by or
against the Agency.
(2) A contract subsisting
between the former Board
established under the Mortuaries
and Funeral Facilities Act, 1998
(Act 563) and a person and in
effect immediately before the
commencement of this Act shall
subsist between the Agency under
this Act and that other person.
Repeal and savings
59. (1) The Mortuaries and
Funeral Facilities Act, 1998
(Act 563) is hereby repealed.
(2) The register of
practitioners in use immediately
before the commencement of this
Act and each document prepared
or issued under Act 563 shall
continue in force as if kept,
prepared or issued under the
corresponding provisions of this
Act.
PART THREE-AMBULANCE COUNCIL
Establishment of the Council
Establishment of the Ambulance
Council
60. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Ambulance Council.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Council under the State Property
and Contracts Act 1960 (C.A 6)
or the State Lands Act, 1962
(Act 125) and the costs shall be
borne by the Council.
Object of the Council
61. The object of the Council is
to regulate the operation of
ambulance services in the
country in accordance with
policy standards.
Functions of the Council
62. The functions of the Council
are to
(a)
set and enforce standards for
training of practitioners,
training institutions and for
service delivery;
(b)
monitor the operations of
ambulance services to ensure
that standards for pre-hospital
care delivery are maintained;
(c)
supervise, monitor and evaluate
practitioners, training
institutions and service
providers; (d) register
and licence practitioners;
(e) maintain a register for
practitioners
(f)
ensure equitable distribution of
ambulance service in the
country;
(g)
advise the Minister on policy
matters;
(g)
regulate the fees to be charged
by service providers;
(h)
collaborate with relevant
institutions for purposes of
this Part; and
(i)
perform any other functions that
are ancillary to its objects.
Governing body of the Council
63.
(1) The governing body of the
Council is a Board consisting of
(a) a chairperson,
(b)
one representative from the
Ministry of Health not below the
rank of Director,
(c)
one representative from the
Ghana National Fire Service not
below the rank of Deputy Chief
Fire Officer,
(d)
one representative from the
Attorney-General's Department
not below the rank of Principal
State Attorney,
(e)
one representative from the
National Disaster Management
Organisation,
(f)
one representative of private
ambulance service providers
nominated from among their
number,
(g)
two persons who are not health
professionals, one of whom is a
woman nominated by the Minister,
and
(h)
the Registrar.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Council.
Registration of practitioners
Registration of practitioners
64.
(1) A person shall not practise
pre-hospital care delivery
unless that person is registered
in accordance with this Part.
(2) A person seeking
registration shall apply to the
Registrar in the manner
determined by the Board.
(3) The registration is valid
for a period of three years and
is subject to renewal.
Qualification for registration
65.
(1) A person does not qualify to
practise pre-hospital care
delivery unless that person is
registered in accordance with
this Part.
(2) A person registered shall be
issued with a certificate and
shall be known as a
practitioner.
(3) Registration under this Part
shall be in addition to
registration required under any
other law for the time being in
force in respect of the
practice.
Temporary registration of
practitioners
66.
The Board may temporarily
register an applicant who does
not
intend to practise permanently
in the country if the applicant
has (a) the requisite
training from a recognised
institution, (b) a good
working knowledge of the English
language, (c) proof of
registration to practice, and
(d)
passed a qualifying evaluation
by the Council.
Renewal of certificate of
registration
67.
(1) A certificate ofregistration
is valid for three years and
shall be renewed subject to this
Part.
(2) The certificate of
registration shall be renewed by
the practitioner every three
years before the 31st of
December of the following
calendar year.
Annual list of practitioners
68.
The Registrar shall publish the
list of registered practitioners
annually in the Gazette.
Establishment of register
69.
(1) The Board shall establish
and keep a register in a form it
may
determine and shall record in it
(a)
the unique identification number
of a practitioner, (b)
certificates issued under this
Act,
(c)
suspension and cancellation of
certificates, and
(d)
other information relating to
the certificates that the Board
considers appropriate.
(2) A person may require the
Board to supply to that person
an extract from any part of the
register on payment of a fee.
Removal and restoration of names
from register
70.
(1) The Registrar shall on the
recommendations of the Board
remove from the register the
name of a person
(a)
who is dead,
(b)
who has been found guilty of
professional misconduct by the
Disciplinary Committee of the
Council, and
(c)
who has not paid the prescribed
fee.
(2) The name of a person may be
restored to the register by the
Registrar as directed by the
Board.
Suspension of registration
71. The Board may suspend the
registration of a practitioner
where (a) an offence or
allegation of professional
misconduct in relation to the
practitioner is being
investigated,
(b)
a false declaration has been
made in an application for
registration issued to the
practitioner, or
(c)
the practitioner has contravened
a provision of this Part.
Cancellation of registration
72. The Board shall cancel the
registration of a practitioner
on the recommendation of the
Disciplinary Committee of the
Council where the practitioner
(a)
is convicted of an offence under
this Part or the Regulations,
(b)
has lost the qualification on
the basis of which the
registration was made, or
(c)
is convicted to a term of
imprisonment for a criminal
offence.
Representation to the Board and
appeal
73. (1) Registration shall not
be suspended unless the Board
has given the practitioner at
least thirty days notice of its
intention to suspend the
registration and has provided
the practitioner an opportunity
to make a representation to the
Board.
(2) Registration shall not be
cancelled unless the Board has
given the practitioner at least
thirty days notice of its
intention to cancel the
registration.
(3) A person dissatisfied with a
decision of the Board may appeal
to the High Court.
Licensing
Requirement of licence for
operation of ambulance services
74. (1) Subject to this Part, a
person shall not establish,
operate or otherwise provide an
ambulance service unless that
person has been granted a
licence for that purpose by the
Board.
(2) The ambulance services
required to be provided under
this Part are specified in the
Second Schedule.
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Qualification for
licence
75. A licence under
this Part may only
be granted to (a)
a citizen,
(b)
a body corporate
registered under the
Companies Act, 1963
(Act 179) or under
any other law,
(c)
a partnership
registered under the
Incorporated Private
Partnerships Act,
1962 (Act 152), or
(d)
a foreign individual
or foreign company
in a registered
joint venture
relationship with a
citizen of Ghana or
a Ghanaian company.
Application for a
licence
76. A person may
apply to the Board
for a licence in the
manner determined by
the Board with the
prescribed fee.
Issue of a licence
77. (1) Where an
applicant meets the
conditions required
by this Part for a
licence to
establish, operate
or otherwise provide
an ambulance
service, the Board
shall approve the
application and
issue the applicant
with the licence to
provide the approved
ambulance service.
(2) Despite
subsection (1), the
Board may for
reasons in the
public interest,
public safety or
public security
decide not to issue
an applicant with a
licence and shall
inform the applicant
of its decision
within thirty days.
(3) A licence issued
is valid for a
period of three
years and may be
renewed.
(4) A licence issued
under this Part
shall bear a unique
identification
number to be used by
the facility in
transactions.
Renewal of a licence
78. (1) An
application for the
renewal of a licence
shall be made to the
Board not later than
two months prior to
its expiry and in
the manner
determined by the
Board.
(2) An applicant who
seeks to renew a
licence shall pay
the prescribed fee
prior to the issue
of the licence.
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(3) A licensee who fails to
renew a licence or whose
application for renewal is
rejected by the Board shall
cease to provide the ambulance
service within thirty days after
the expiration of the licence
Use of ambulance and siren
84. (1) A person shall not
operate or use an ambulance
licensed for the provision of
ambulance services for a purpose
other than that related to a
service specified in the Second
Schedule.
(2) A person who drives an
ambulance shall ensure that the
emergency lights and siren of
the ambulance are on only when
it is in operation.
(3) An ambulance shall not be
used as a hearse.
(4) A person who contravenes
subsection (1), (2) or (3)
commits an offence and is liable
on summary conviction to a fine
of not more than five hundred
penalty units or to a term of
imprisonment of not more than
two years or to both.
Requirement of inscription and
siren device
85. (1) A licensee who intends
to use a vehicle designed for
the purpose of operating or
providing an ambulance service
shall prior to the use of that
vehicle ensure
(a)
that the inscription "ambulance"
is conspicuously displayed on
the trunk of the vehicle, and
(b)
the vehicle has the siren signal
device installed on it.
(2) A person who contravenes
subsection (1) is liable on
summary conviction to a fine of
not more than five hundred
penalty units or to a term of
imprisonment of not more than
two years or to both.
Training of pre-hospital care
persons
86. The Board shall approve the
teaching of pre-hospital care by
an accredited practitioner or
institution.
Entry of premises
87. A person authorised by the
Board may enter premises at a
reasonable time to inspect the
registration of a practitioner,
if that person has reasonable
cause to believe that an offence
under this Part has been or is
about to be or is being
committed on the premises.
Inspectors
88. (1) For the purposes of this
Part, inspectors may be
appointed for the Board.
(2) An inspector appointed under
this Part shall carry out the
functions that the Board may
determine.
(3) An inspector authorised by
the Board may at reasonable
times enter premises or an
ambulance used or suspected to
be used by a practitioner to
investigate activities there.
Obstruction of inspector
89.
(1) A person shall not obstruct
an authorised inspector in the
conduct of duties under this
Part.
(2) A person who contravenes
subsection (1) commits an
offence and is liable on summary
conviction to a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
more than two years or to both.
Right of
way to ambulance
90.
(1) Every road user shall give
clear and uninterrupted passage
to an ambulance being driven
which has its siren and
emergency lights activated.
(2) A person who contravenes
subsection (1) commits an
offence and is liable on summary
conviction to a fine of not less
than two hundred and fifty
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
more than two years or to both.
Regulations
91.
(1) The Minister may, on the
advice of the Board, by
legislative
instrument make Regulations to
(a)
prescribe the conditions for
registration of practitioners;
(b) prescribe practice
standards for practitioners;
(c)
provide for discipline of
practitioners;
(d)
prescribe the fees to be paid
under this Part;
(e)
provide for guidelines for
surveillance of accidents and
emergencies;
(f)
prescribe the designated
standards of equipment used in
ambulances;
(g)
provide for the needs of persons
physically challenged in
ambulance services;
(h)
prescribe accreditation
standards for training
institutions for practitioners;
(i)
amend the Second Schedule; and
(j)
provide for any other matter
necessary for the effective
implementation of the
provisions of this Part.
(2) A person who commits an
offence under the Regulations is
liable on summary conviction to
a fine of not more than five
thousand penalty units.
"relevant institution" includes
the National Disaster
Management Organisation, the
St. John Council of Ghana, the
Ghana Red Cross Society;
and an institution which for the
purposes of this Part needs to
collaborate with the Council.
"road" includes other passage;
and
"vehicle" means a
mechanically-propelled device.
Transitional provision
93. A person who owns or
operates an ambulance service
immediately before the
commencement of this Act shall
subject to this Part, apply
within three months from the
date of the commencement of this
Act for the grant of a licence.
PART FOUR-ADMINISTRATIVE AND
FINANCIAL PROVISIONS
Tenure of office of members of
the Board
94. (1) A member of the Board
shall hold office for a period
not exceeding three years and is
eligible for re-appointment but
a member shall not be appointed
for more than two terms.
(2) Subsection (1) does not
apply to the Registrar of the
Agency or Council.
(3) A member of the Board may at
any time resign from office in
writing addressed to the
President through the Minister.
(4) A member of the Board who is
absent from three consecutive
meetings of the Board without
sufficient cause ceases to be a
member of the Board.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Board,
is for a sufficient reason
unable to act as a member, the
Minister shall determine whether
the inability would result in a
declaration of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 96;
(b)
as a result of a declaration
under subsection (6); or (c)
by reason of the death of a
member
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Board
95.
(1) The Board shall meet at
least once every three months
for the despatch of business at
the times and in the places
determined by the chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the members of
the Board convene an
extraordinary meeting of the
Board at the place and time
determined by the chairperson.
(3) The quorum ofa meeting of
the Board is five members of the
Board or a greater number
determined by the Board in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, a member of the
Board elected by the members
present from among their number
shall preside.
(5) Matters before the Board
shall be decided by a majority
of the members present and
voting and in the event of an
equality of votes, the person
presiding shall have a casting
vote.
(6) The Board may co-opt a
person to attend a Board meeting
but that person shall not vote
on a matter for decision at the
meeting.
(7) The proceedings of the Board
shall not be invalidated by
reason of a vacancy among the
members or a defect in the
appointment or qualification of
a member.
Disclosure of interest
96.
(1) A member of the Board who
has an interest in a matter for
consideration
(a)shall disclose the nature of
the interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
shall not participate in the
deliberations of the Board in
respect of that matter.
(2) A member ceases to be a
member of the Board, if that
member has an interest in a
matter before the Board and
(a)
fails to disclose that interest,
or
(b)
participates in deliberations of
the matter.
Establishment of committees
97. The Board may establish
committees consisting of members
of the Board or non members or
both to perform its functions.
Allowances
98. Members of the Board and
members of a committee of the
Board shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
Ministerial directives
99. The Minister may give policy
directives in writing to the
Board.
Registrar
100. (1) The President shall
appoint a Registrar for the
Agency or the Council in
accordance with article 195 of
the Constitution.
(2) The Registrar shall be a
practitioner with considerable
administrative and managerial
experience or training.
(3) The Registrar shall hold
office on the terms and
conditions specified in the
letter of appointment.
Functions of the Registrar
101. (1) The Registrar is
responsible for the day to day
administration of the affairs
of the Agency or Council and is
answerable to the Board in the
performance of functions under
this Act.
(2) The Registrar shall perform
any other functions determined
by the Board.
(3) The Registrar may delegate a
function to an officer of the
Agency or Council but is not
relieved from ultimate
responsibility for the
performance of a delegated
function.
(4) The Registrar shall be the
secretary to the Board.
Appointment of other staff
102. (1) The President shall, in
accordance with article 195 of
the Constitution, appoint other
staff of the Agency or Council.
(2) The Agency or Council shall
have any other officers and
staff that are necessary for the
proper and effective performance
of its functions.
(3) Other public officers may be
transferred or seconded to the
Agency or Council or may
otherwise give assistance to it.
(4) The Agency or Council may
engage the services of advisers
on the recommendation of the
Board.
Funds of the Agency or Council
103.
The funds of the Agency or
Council include (a)
moneys provided by Parliament,
(b)
donations, grants and loans,
(c)
service fees, and
(d)
any other moneys that are
approved by the Minister
responsible for Finance.
Accounts and audit
104.
(1) The Board shall keep books
of account and proper records in
relation to them in the form
approved by the Auditor-General.
(2) The Board shall submit the
accounts of the Agency or
Council to the Auditor-General
for audit within three months
after the end of the financial
year.
(3) The Auditor-General shall,
not later than three months
after the receipt of the
accounts, audit the accounts and
forward a copy of the audit
report to the Minister.
(4) The financial year of the
Agency or Council shall be the
same as the financial year of
the Government.
Annual reports
105.
(1) The Board shall, within one
month after the receipt of the
audit report, submit an annual
report to the Minister covering
the operations of the Agency or
Council for the year to which
the report relates.
(2) The annual report shall
include the report of the
AuditorGeneral.
(3) The Minister shall within
one month after the receipt of
the annual report submit the
report to Parliament with a
statement that the Minister
considers necessary.
(4) The Board shall also submit
to the Minister any other
reports which the Minister may
require in writing.
Interpretation
106.
In this Part unless the context
otherwise requires,
"Agency" means the Health
Facilities Regulatory Agency and
the Mortuaries and Funeral
Facilities Agency;
"Board" means the governing body
of the Health Facilities
Regulatory Agency, the governing
body of the Mortuaries and
Funeral Facilities Agency and
the governing body of the
Ambulance Council; and
"Council" means the Ambulance
Council.
FIRST SCHEDULE
(Section
11 (2))
Facilities to be licenced
The following facilities shall
be licenced under this Act:
(a) medical and dental
(clinics and hospital); (b)
eye care clinics;
(c)
convalescent and nursing homes;
(d) geriatric homes;
(e)
maternity homes;
(f)
occupational therapy clinics;
(g) physiotherapy clinics;
(h)
dental technology laboratory;
(i)
clinical and bio-medicallaboratory
(j) medical assistant
clinics;
(k)
diagnostic-imaging technology
clinics; (l) pharmacies
and chemical shops; (m)esteopathy
clinics;
(n)
prostherics and orthotics
clinics; and
(0)
any other health care clinic or
premises that may be determined
by the Minister.
SECOND SCHEDULE
(Section
74 (2)
and 80 (1))
(Ambulance services to be
provided) Ambulance services
required to be provided under
this Act are:
(a)
24-hour standby service to
respond to 193 and other emer-
gency calls;
(b)
pre-hospital care during
emergency response; (c)
transportation 'of patients to
and from hospital;
(d)
provision of services for public
and private gatherings; (e)
training of Emergency
Medical Technicians;
(f)
training of First Responders;
(g)
promotion of training for health
professionals in life support
courses;
(h)
promotion of first aid training
to the general public; and (i)
provision of reliable and
timely information for effective
ambulance operation countrywide.
Date of Gazette
notification:
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