ACTS OF GHANA

PRIVATE HOSPITALS AND MATERNITY HOMES ACT, 1958 (NO. 9 OF 1958)

As amended by

PRIVATE HOSPITALS AND MATERNITY HOMES (AMENDMENT) DECREE, 1969 (NLCD 395).1

ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Establishment of Board.

4. Meetings of Board.

5. Secretary to the Board.

6. Registrar of the Board.

7. Registration of private hospitals, etc.

8. Management of private hospitals.

9. Management of maternity homes.

10. Applications for registration.

11. Requirements of Board as to private hospitals.

12. Requirements of Board as to maternity homes.

13. Certificate of registration, etc. to be displayed.

13A. Appointment and composition of Regional Supervisory Authorities.

13B. Functions of Regional Supervisory Authorities.

13C. Meetings of Regional Supervisory Authorities.

14. Inspection and supervision of private hospitals, etc.

15. Power for Board to suspend or cancel registration.

16. Further powers of Board.

17. Effect of suspension or cancellation of registration.

18. Disciplinary decisions to be approved by the Minister.

19. Penalties.

20. Regulations.

GHANA

NO. 9 OF 1958.

DATE OF ASSENT

Assented to in Her Majesty's Name and on Her Majesty's behalf this 27th day of June, 1958.

LISTOWEL

Governor-General.

AN ACT to make provision for the inspection, regulation and control of private hospitals and maternity homes.

Date of Commencement. [30th June, 1958.]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the National Assembly of Ghana in this present Parliament assembled, and by the authority of the same as follows:—

Section 1—Short Title.

This Act may be cited as the Private Hospitals and Maternity Homes Act, 1958.

Section 2—Interpretation.

In this Act, unless the context otherwise requires, —

"the Board" means the Private Hospitals and Maternity Homes Board established under this Act;

"Chief Medical Officer" means the Chief Medical Officer of the Ministry of Health;

"Government institution" includes any maternity home, hospital, convalescent home, nursing home, or health centre wholly maintained out of the public revenues by the Government or by any Mission on behalf of the Government;

Cap. 78.

"infectious disease" means any disease within the meaning of the Infectious Diseases Ordinance;

"maternity home" means any building or other premises where provision is made for medical attention or nursing facilities before, during, or after child-birth and whether gratuitously or for reward but does not include any Government institution;

"medical attention" includes surgical attention;

"Medical Officer" means any medical practitioner in the service of the Government and includes any other medical practitioner duly authorised in writing by the Chief Medical Officer for the purposes of this Act;

Cap.69.

"medical practitioner" means a medical practitioner duly registered under the provisions of the Medical Practitioners and Dentists Registration Ordinance;

"medical practitioner in charge" means the supervising medical practitioner in a private hospital;

Cap.72.

"midwife" means a midwife duly registered under the provisions of the Midwives Ordinance;

"midwife in charge" means the supervising midwife in a maternity home;

"Minister" means the Minister responsible for Health;

Cap.71.

"nurse" means a person duly registered under the Nurses Ordinance;

"Nursing Officer" means a nurse or midwife in the service of the Government;

"Principal Matron" means the Principal Matron of the Ministry of Health;

"private hospital" means any building or other premises where provision is made for medical attention or nursing facilities gratuitously or for reward, and used or intended to be used for the reception of persons suffering from any sickness, infirmity of injury or used or capable of being used for purposes of or incidental to child-birth, but does not include a maternity home or a Government institution;

"Registrar" means the registrar of the Board.

"Secretary" means the secretary of the Board.

Section 3—Establishment of Board.

(1) For the purposes of this Act there is hereby established a Board to be known as the Private Hospitals and Maternity Homes Board, which shall be a body corporate and have a common seal.

(2) The Board shall consist of, —

(a) The Chief Medical Officer who shall be the Chairman;

(b) The Deputy Chief Medical Officer;

(c) The Principal Matron;

(d) Three medical practitioners appointed by the Minister;

(e) One midwife not in the service of the Government appointed by the Minister;

(f) One nurse not in the service of the Government appointed by the Minister;

(g) One registered pharmacist appointed by the Minister.

(3) The members of the Board other than the official members shall be appointed for a term expiring on the thirty-first day of December of the year of appointment but may on the expiry of any term of appointment be re-appointed. Any appointed member of the Board may at any time and for any cause be removed from office by the Minister notwithstanding that his term of office has not expired.

(4) Where an appointed member resigns, dies, is removed from office or is for any reason unable to continue to act as a member of the Board, the Minister may appoint a fit person to hold office for the unexpired portion of the term of office of that member, or as he thinks fit, as a temporary member of the Board.

(5) In the absence of the Chairman the Deputy Chief Medical Officer shall have all the powers of the Chairman.

(6) The powers of the Board shall not be affected by any vacancy in its membership.

Section 4—Meetings of the Board.

(1) Meetings of the Board shall be held at such times and places as the Chairman from time to time determines.

(2) At any meeting four members including the Chairman shall form a quorum.

(3) All matters before the Board at any meeting shall be decided by a majority of the members present. The Chairman shall have a deliberative vote and in the event of any equality of votes, shall also have a casting vote.

(4) Subject to the provisions of this Act and of any regulations made under this Act for the conduct of meetings of the Board, the Board may regulate its procedure in such manner as it thinks fit.

Section 5—Secretary to the Board.

The Board may from time to time appoint a fit person to be the Secretary to the Board.

Section 6—Registrar of the Board.

The Deputy Chief Medical Officer shall be the Registrar of the Board. The Registrar shall exercise such powers and duties as the Board may direct for the purposes of registration under this Act.

Section 7—Registration of Private Hospitals, Etc.

(1) No person shall establish or conduct a private hospital or maternity home unless the private hospital or maternity home is registered under the provisions of this Act.

(2) Notwithstanding the requirements of any other Act, the provisions of this section shall extend and apply, —

Cap.89.

(a) to a Labour Health Area within the meaning of the Labour Ordinance; and

(b) to a Mining Health Area within the meaning of the Mining Health Areas Ordinance.

Cap.150.

Section 8—Management of Private Hospitals.

(1) No private hospital shall, unless exempted by this Act, be managed or conducted except under the supervision of a medical practitioner who shall be responsible for the observance of this Act in the private hospital.

(2) Where in any private hospital there is more than one medical practitioner associated or connected with the private hospital, the medical practitioners shall nominate one of their number as the medical practitioner in charge and give notice in writing to the Registrar of the fact.

Section 9—Management of Maternity Homes.

(1) No maternity home shall, unless exempted by this Act, be managed or conducted except under the supervision of a midwife, who shall be responsible for the observance of this Act in the maternity home.

(2) Where in any maternity home there is more than one midwife associated or connected with the maternity home, the midwives shall nominate one of their member as the midwife in charge and give notice in writing to the Registrar of the fact.

Section 10—Applications for Registration.

Application for registration of a private hospital or maternity home under this Act shall be made to the Board in the form prescribed by regulations under this Act.

Section 11—Requirements of Board as to Private Hospitals.

(1) The applicant for registration of a private hospital where not otherwise exempted by subsection (2) of this section shall satisfy the Board as to:—

(a) the qualifications and suitability of any medical practitioner to be associated or connected with the private hospital;

(b) the qualifications and suitability of the person in charge of the nursing staff;

(c) the adequacy and compliance with the requirements of this Act of the nursing staff;

(d) the location, buildings and equipment of the private hospital; and

(e) such other matters as may be prescribed by regulations under this Act.

(2) The Board may, with the consent of the Minister and for any period not exceeding one year, but renewable for the like period from time to time in the discretion of the Board, exempt, modify or relax the requirements of this section other than the obligation to register any private hospital. Any exemption, modification or relaxation shall be in writing under the seal of the Board.

Section 12—Requirements of Board as to Maternity Homes.

(1) The applicant for registration of a maternity home shall satisfy the Board as to:—

(a) the qualifications and suitability of any midwife in charge or connected with the maternity home;

(b) the location, buildings and equipment of the maternity home; and

(c) such other matters as may be prescribed by regulations under this Act.

(2) The Board may, with the consent of the Minister and for any period not exceeding one year, but renewable for the like period from time to time in the discretion of the Board exempt, modify or relax the requirements of this section other than the obligation to register any maternity home. Any exemption, modification or relaxation shall be in writing under the seal of the Board.

Section 13—Certificate of Registration, Etc. to be Displayed.

Every certificate of registration shall be in writing under the seal of the Board, and shall, with any certificate of exemption, modification or relaxation, be displayed in a prominent place in the private hospital or maternity home accessible to all patients or intending patients.

Section 13A—Appointment and Composition of Regional Supervisory Authorities.

(1) The Board shall appoint Regional Supervisory Authorities in each region.

(2) A Regional Supervisory Authority shall be composed of the following persons:—

(a) the Regional Medical Officer of Health who shall be the Chairman;

(b) the Regional Matron;

(c) the Principal Public Health Nurse;

(d) the Regional Public Health Engineer;

(e) the Regional Health Superintendent;

(f) a person nominated by the Ghana Medical Association;

(g) a person nominated by the Nurses Association;

(h) a person nominated by the Midwives Association;

(i) the Inspecting Pharmacist.

(3) The Secretary to a Regional Supervisory Authority shall be of the grade of at least a Senior Executive Officer.

(4) The members of a Regional Supervisory Authority other than the official members shall be appointed for a term expiring on the 31st day of December of the year of appointment and shall on the expiry of any term of appointment be eligible for re-appointment.

(5) A member of a Regional Supervisory Authority, not being an official member, may, at the discretion of the Board be removed from office notwithstanding that his term of office has not expired.

Section 13B—Functions of Regional Supervisory Authorities.

A Regional Supervisory Authority shall exercise the following functions:—

(a) the inspection and supervision of private hospitals and maternity homes;

(b) the retention of the names of registered private hospitals and registered maternity homes on the Register of Private Hospitals and Maternity Homes;

(c) the submission of quarterly returns in respect of the retention of the names of registered private hospitals and maternity homes on the Register of Private Hospitals and Maternity Homes;

(d) the collection of fees in respect of the performance of these functions and the payment of those fees into the Consolidated fund.

Section 13C—Meetings of Regional Supervisory Authorities.

(1) Meetings of a Regional Supervisory Authority shall be held at such times and such places as the Chairman may from time to time determine.

(2) The Chairman shall preside at all meetings of a Regional Supervisory Authority and in his absence a person nominated by the members present shall preside.

(3) The quorum at all meetings of a Regional Supervisory Authority shall be five.

(4) All questions proposed at a meeting of a Regional Supervisory Authority shall be determined by a majority of the members present and voting and in the event of an equality of votes the Chairman or the person presiding shall have a casting vote. [As inserted by the Private Hospitals and Maternity Homes (Amendment) Decree, 1969 (NLCD 395), s. 1]

Section 14—Inspection and Supervision.

(1) Private hospitals and maternity homes shall be open at all reasonable times for the purposes of supervision and inspection by Regional Supervisory Authorities.

(2) A Regional Supervisory Authority may call for the production of any record register or other document required to be kept by this Act, and the medical practitioner or midwife in charge, as the case may be, shall comply with all reasonable directions of a Regional Supervisory Authority in the course of the supervision and inspection.

(3) Nothing in this section shall be construed as authorising the inspection of any medical record relating to a patient in a private hospital. [As substituted by the Private Hospitals and Maternity Homes (Amendment) Decree 1969 (NLCD 395), s. 2]

Section 15—Power for Board to Suspend or Cancel Registration.

(1) Where in any private hospital or maternity home registered under this Act it appears to the Board,—

(a) that the provisions of this Act are not being complied with to its satisfaction; or

(b) that the private hospital is not conducted in the best interests or general well-being of the patients; or

(c) that any medical practitioner or midwife as the case may be is not a fit and proper person,—

the Board may in writing fix a time not exceeding fourteen days and direct the medical practitioner in charge or the midwife in charge, as the case may be, to comply with the requirements of the Board. Any direction given under this subsection may include a suspension of the certificate of registration.

(2) If the medical practitioner in charge or the midwife in charge as the case may be fails to satisfy the requirements of the Board within the prescribed time the Board may cancel the certificate of registration.

Cap.78.

(3) Nothing in this section shall be construed in derogation of the powers of a Medical Officer under the Infectious Diseases Ordinance.

Section 16—Further Powers of the Board.

The exercise by the Board of its powers under section 15 of this Act shall not operate to preclude the institution of proceedings for failure to comply with the requirements of this Act or for the recovery of any penalty under this Act.

Section 17—Effect of Suspension or Cancellation of Registration.

(1) If the certificate of registration of a private hospital or maternity home is suspended or cancelled under this Act the private hospital or maternity home as the case may be shall be closed; and the Board as the case may require shall arrange for the discharge or transfer of all patients. In any special case the Board may direct a patient to remain in the private hospital or maternity home and continue to receive any necessary treatment.

(2) Nothing in this section shall operate to create an offence against this Act where a patient continues to receive treatment at the direction of the Board in any private hospital or maternity home closed under this section.

Section 18—Disciplinary Decisions to be Approved by Minister.

(1) No decision of a disciplinary nature by the Board shall have effect without the approval of the Minister; and where a decision is approved by the Minister it shall be final.

(2) For the purposes of this section, "decision of a disciplinary nature" includes a decision involving the suspension or cancellation of a certificate of registration.

Section 19—Penalties.

(1) Any person contravening this Act or failing to comply with the requirements of this Act commits an offence against this Act, and shall be liable on summary conviction to a fine not exceeding two hundred pounds or (save in the case of a body corporate) to imprisonment for a term not exceeding twelve months. If the offence is a continuing one the offender shall in addition incur a penalty of ten pounds for every day during which the offence continues.

(2) For the purposes of this section, "day" includes a part of a day.

Section 20—Power to make Regulations.

(1) The Minister may after consultation with the Board make regulations in respect of the institution, conduct, supervision and inspection of private hospitals and maternity homes and generally for the carrying into effect the purposes of this Act. Without prejudice to the generality of the powers conferred by this subsection, particular Regulations may be made, —

(a) prescribing any matter or thing required for the purposes of this Act;

(b) prescribing the standards of sanitary arrangements;

(c) regulating the accommodation for patients and nursing staff;

(d) regulating the accommodation and equipment for operating theatres, laboratories, sterilisation and disinfection, pharmacies and other similar purposes;

(e) prescribing the qualifications and training of the nursing staff and the number of qualified nurses to be employed in proportion to the number of beds available;

(f) regulating the preparation and storage of food and drugs and, where drugs are dispensed in a private hospital, the number of qualified pharmacists to be employed;

(g) regulating the arrangements for disinfections and the prevention of the spread of infection;

(h) prescribing the arrangements to be made for the prevention and control of fire and for the safety of patients and staff in the event of fire;

(i) prescribing the records and statistics to be kept and the mode of keeping them;

(j) prescribing the registers and records to be kept in respect of patients;

(k) prescribing the notification of deaths, births, still-births, miscarriages and abortions;

(l) regulating the admission and discharge of patients;

(m) prescribing the hours of work and working conditions for the nursing staff;

(n) regulating general medical and domestic arrangements;

(o) prescribing the records to be kept when a child born in a private hospital or maternity home is discharged or removed therefrom;

(p) prescribing the fees to be paid for the registration of private hospitals and maternity homes under this Act;

(q) prescribing the mode of execution of instruments.

(r) prescribing the fees to be paid for the supervision and inspection of private hospitals and maternity homes;

(s) prescribing fees to be paid for the retention of the names of registered private hospitals and maternity homes on the Register of Private Hospitals and Maternity Homes. [As inserted by the Private Hospitals and Maternity Homes (Amendment) Decree 1969 (NLCD 395), s. 3]

(2) Regulations made under this section shall come into force on the date of publication in the Gazette, and be laid before Parliament as soon as practicable after they have been made.

This printed impression has been carefully compared by me with the Bill which has passed the National Assembly, and found by me to be a true and correctly printed copy of the said Bill.

K.B. AYENSU

Clerk of the National Assembly.