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Specialist Health
Training and Plant Medicine
Research Act, 2011 Act
833
ARRANGEMENT OF SECTIONS
Section
PART ONE-ESTABLISHMENT AND
FUNCTIONS OF CENTRE FOR PLANT
MEDICINE RESEARCH
Establishment of the Centre
1.Establishment
of Centre for Plant Medicine
Research
2.Object
of the Centre
3.Functions
of the Centre
4.Governing
body of the Centre
5.Tenure
of office of members
6.Meetings
of the Board
7.Disclosure
of interest
8.Establishment
of committees
9.Allowances
10.Ministerial
directives
Administrative and financial
provisions
11.Executive
Director
12.Functions
of the Executive Director
13.Appointment
of other staff
14.Research
Institutes
15.Funds
of the Centre
16.Accounts
and audit
17.Annual
report and other reports
18.Intellectual
property rights
19.Secrecy
20.Regulations
21.Interpretation
22.Transitional
provisions
23.Repeal
and savings
PART TWO-ESTABLISHMENT OF GHANA
COLLEGE OF PHYSICIANS AND
SURGEONS
Establishment of the College
24. Establishment of Ghana
College of Physicians and
Surgeons
25.Objects
of the College
26.Functions
of the College
27.Governing
body of the College
28.Functions
of the Council
29.Tenure
of office of members of the
Council
30.Meetings
of the Council
31.Disclosure
of interest
32.Allowances
for members
The College
33.President
and Vice-Presidents of the
College
34.Academic
Board
35.Functions
of the Academic Board
36.Committees
of the Academic Board
37.Divisions
of the College
38.Division
of Physicians
39.Division
of Surgeons
40.Divisional
Board
41.Composition
of Divisional Board
42.Tenure
of office of members of
Divisional Board
43.Faculty
Board
44.College
membership
45.Rector
46.Vice-Rectors
47.Editor
and other employees
Financial and miscellaneous
provisions
48.Funds
of the College
49.Bank
accounts
50.Accounts
and audit
51.Annual
report and other reports
52.Regulations
53.Interpretation
54.Transitional
provisions
55.Repeal
and savings
PART FOUR - ESTABLISHMENT OF
GHANA COLLEGE OF PHARMACISTS
Establishment of the College
56.Establishment
of Ghana College of Pharmacists
57.Objects
of the College
58.Functions
of the College
59.Governing
body of the College
60.Functions
of the Council.
61.Tenure
of office of members of the
Council
62.Meetings
of the Council
63.Disclosure
of interest
64.Allowances
for members
65.
93.President
and Vice-President of the
College
94.Academic
Board
95.Functions
of the Academic Board
96.Committees
of the Academic Board
97.Divisions
of the College
98.Division
of Pharcameutical Care
99.Division
of Pharmaceutical Production and
Quality Assurance
100.Division
of Social and Public Health
Pharmacy
101.Divisional
Board
102.Composition
of Divisional Board
103.Tenure
of office of members of a
Divisional Board
104.Faculty
Board
105.College
membership
106.Rector
107.Vice-Rectors
108.Editor
and other employees
Financial and miscellaneous
provisions
109.
Funds of the College
110.
Bank accounts
111.
Accounts and audit
112.
Annual report and other reports
113.
Regulations
114.
Interpretation
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
SPECIALIST HEALTH TRAINING AND
PLANT MEDICINE RESEARCH ACT,
2011
AN ACT to establish the Centre
for Plant Medicine Research for
the promotion of scientific
research, knowledge and
development in the field of
plant medicine; to establish the
Ghana College of Physicians and
Surgeons as a national
postgraduate medical college for
training specialists in
medicine, surgery and related
disciplines, to establish the
Ghana College of Nurses and
Midwives to promote postgraduate
education in nursing and
midwifery, to establish the
Ghana College of Pharmacists to
promote postgraduate education
in Pharmacy and for connected
purposes.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
PART ONE-ESTABLISHMENT OF CENTRE
FOR PLANT MEDICINE RESEARCH
Establishment of the Centre
Establishment of Centre for
Plant Medicine Research
1.
(1) There is established by this
Act a body corporate with
perpetual succession to be known
as the Centre for Plant Medicine
Research.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Centre under the State Property
and Contracts Act, 1960 (C. A.
6) or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the Centre.
Object
of the
Centre
2.
The object of the Centre is to
research into plant medicine for
the promotion, encouragement,
extension, transfer and
application of scientific
research knowledge and
development in the field of
plant medicine.
Functions of the Centre
3.
To achieve the object, the
Centre shall
(a)
establish guidelines for
research into plant medicine and
disseminate the results of
research;
(b)
promote national and
international collaboration, the
transfer of technology for the
effective development and
utilisation of research results
and findings in plant medicine
for the benefit of the country;
(c)
facilitate the evaluation of
research findings to determine
the therapeutic benefit of plant
medicines for quality assurance;
(d)
make available the disciplines
of the Centre in research and
development to stakeholders in
the national interest; (e)
establish botanical gardens
for medicinal plants;
(f)
co-operate and liaise with
traditional medicine
practitioners; (g) seek
and generate funds for research
into plant medicine; (h)
build institutional capacity for
plant medicine research;
(i)
protect the intellectual
property of the Centre; and
(j)
perform any other functions that
are ancillary to the object of
the Centre.
Governing body of the Centre
4.
(l) The governing body of the
Centre is a Board consisting of
(a) a chairperson,
(b)
the Director of the Traditional
and Alternative Medicine
Directorate of the Ministry of
Health or a representative,
(c)
A Dean of accredited Medical
Schools in the country,
(d)
A Dean of accredited schools or
faculties of Pharmacy in the
country.
(e)
one representative of the Food
and Drugs Board not below the
rank of director,
(f)
one person not below the rank of
Director from
(i)
the Council for Scientific
and Industrial Research
nominated by the Council, and
(ii) the Ministry of Health,
(g)
one traditional medicine
practitioner nominated by the
Traditional Medicine Practice
Council in consultation with the
associations of traditional
medicine practitioners, and
(h) the Director of the
Centre.
(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 Centre.
Tenure of office of members
5.
(1) A member of the Board shall
hold office for a term 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 Director of the
Centre. (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, other
than the Director of the Centre,
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
the declaration of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 7; or
(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
6.
(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 membership
of the Board convene an
extraordinary meeting of the
Board at the place and time
determined by the chairperson.
(3) The quorum at a 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 are
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
7. (1) A member of the Board who
has an interest in a matter for
consideration by the Board
(a)
shall disclose the nature of
that 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 the
deliberations of the Board in
respect of the matter.
Establishment of committees
8. (1) The Board may establish
committees consisting of members
of the Board or non-members or
both to perform a function.
(2) Without limiting section
(1), the Board shall have a
health research and ethics
committee to perform functions
determined by the Board.
(3) A member of the Board shall
be the chairperson of a
committee.
Allowances
9. Members of the Board arid
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
10. The Minister may give
directives to the Board on
matters of policy and the Board
shall comply.
Administrative and financial
provisions
Executive Director
11. (1) The Board shall, in
accordance with article 195 of
the Constitution, appoint an
Executive Director of the
Centre.
(2) The Executive Director shall
hold office on the terms and
conditions specified in the
letter of appointment.
(3) The Executive Director shall
designate an officer of the
Centre as the secretary to the
Board.
Functions of the Executive
Director
12. (1) The Executive Director
is responsible for the day to
day administration of the
affairs of the Centre and is
answerable to the Board in the
performance of functions under
this Act.
(2) The Executive Director shall
perform any other functions
determined by the Board.
(3) The Executive Director may
delegate a function to an
officer of the Centre but is not
relieved from the ultimate
responsibility for the
performance of the delegated
function.
Appointment of other staff
13. (1) The Board shall, in
accordance with article 195 of
the Constitution, appoint other
staff of the Centre.
(2) The Centre shall have any
other officers and staff that
may be necessary for the proper
and effective performance of its
functions.
(3) The Board may engage the
services of advisers on terms
and conditions determined by the
Board.
(4) Other public officers may be
transferred or seconded to the
Centre or may otherwise give
assistance to it.
Research Institutes
14.
The Centre may establish
research Institutes to
effectively perform its
functions under this Act. .
Funds of the Centre
15.
(1) The funds of the Centre
include (a) moneys
provided by Parliament,
(b)
fees and charges accruing to the
Centre in the performance of its
functions,
(c)
donations, grants and gifts, and
(d)
any other moneys that are
approved by the Minister
responsible for Finance.
(2) The Centre may retain a
percentage of internally
generated funds realised in the
performance of its functions.
(3) The percentage of internally
generated funds retained by the
Centre shall be as specified by
the Minister responsible for
Finance.
Accounts and audit
16.
(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 Centre 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
Centre is the same as the
financial year of the
Government.
Annual report and other reports
17.
(1) The Board shall within one
month after the receipt of the
audit report submit an annual
report to the Minister covering
the activities and the
operations of the Centre 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.
Intellectual property rights
18.
(1) The rights pertaining to an
invention supported by the
Centre are determined by
agreement between the Centre and
the inventor or the employer of
the inventor.
(2) The Centre shall
(a)
acknowledge an invention,
discovery or improvement in
respect of indigenous knowledge
and technology held by any
person or community, and
(b)
protect the rights of that
person or community with respect
to the exercise of functions
under this Act.
(3) The rights pertaining to an
invention, innovation and
improvement made
(a)
by staff of the Centre in the
course of their employment, or
(b) in the course of
research or investigation by the
Centre shall vest in the Centre
which shall make the inventions
and improvements available for
public use subject to conditions
determined by the Centre.
(4) The Centre may apply for a
patent in respect of an
invention, innovation or
improvement and is regarded as
the assignee or transferee of
the inventor with full
proprietary rights in relation
to the invention, innovation or
improvement.
(5) This section does not apply
where
(a)
an invention is made by an
employee of the Centre outside
the employment of the Centre, or
(b)
an employee of the Centre
conducts private research or a
personal investigation.
Secrecy
19.
A researcher of the Centre with
a potential patentable invention
shall promptly report the
findings to the Board in writing
and the findings shall not be
disclosed to another person
except with the approval of the
Board.
Regulations
20. (1) The Minister may, on the
advice of the Board, by
legislative instrument make
Regulations on
(a)
fees to be paid under this Part;
(b)
measures to enable the Centre
stimulate, encourage, support,
protect and commercialise the
research findings of the Centre;
(c) institutional
co-operation and consultation
between the Centre and other
public agencies;
(d)
a code of health research ethics
for the work of the Centre;
and
.
(e)
any other matter necessary for
the effective implementation of
the provisions of this Part.
(2) A person who contravenes a
provision under Regulations made
under this Act is liable to a
fine of not more than five
thousand penalty units.
Interpretation
21. In this Act, unless the
context otherwise requires,
"Board" means the governing body
of the Centre;
"Centre" means the Centre for
Plant Medicine Research;
"innovation" means the process
of transforming an idea,
generally generated through
research and development, into a
new or improved product, process
or approach, which relates to
the real needs of society and
which involves scientific,
technological, organisational,
industrial or commercial
activities;
"invention" a new object made,
designed or created by thought,
especially one for which patent
can be granted; "Minister" means
the Minister responsible for
Health; "Ministry' means
Ministry of Health;
"national system of innovation"
means all sectors and
institutions within those
sectors of the country which
pursue common social, economic
and development-oriented goals
through innovation;
"Regulations" means the
Regulations made under this Act;
and "research" means the study,
systematic investigation,
augmentation and improvement of
scientific knowledge through
scientific investigations and
methods directed towards the
scientific and technological
requirements of the private and
public sectors, including the
solution of relevant problems in
the national interest and
includes the development,
acquisition and transfer of
expertise and technology.
Transitional provisions
22. (1) The rights, assets and
liabilities accrued in respect
of the properties vested in the
Centre established under the
Centre for Scientific Research
into Plant Medicine Act, 1975
(NRCD 344) immediately before
the commencement of this Act and
the persons employed by the
Centre are transferred to the
Centre for Plant Medicine
Research established under this
Act and accordingly proceedings
taken by or against the former
Centre may be continued by or
against the Centre.
(2) A contract subsisting
between the former Centre
established under the Centre for
Scientific Research into Plant
Medicine Act, 1975 (NRCD 344)
and another person and in effect
immediately before the
commencement of this Act shall
subsist between the Centre under
this Act and that other person.
Repeal and savings
23. (1) The Centre for
Scientific Research into Plant
Medicine Act, 1975 (NRCD 344) is
hereby repealed.
(2) Despite the repeal of NRCD
344 any act lawfully made or
done under the repealed
enactment and in force
immediately before the
commencement of this Act shall
be considered to have been made
or done under this Act.
PART TWO-ESTABLISHMENT OF GHANA
COLLEGE OF PHYSICIANS AND
SURGEONS
Establishment of the College
Establishment of Ghana College
of Physicians and Surgeons
24. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Ghana College of
Physicians and Surgeons.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
College under the State Property
and Contracts Act, 1960 (C.A. 6)
or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the College.
Objects of the College
25. The objects of the College
are to
(a)
promote specialist education in
medicine, surgery and related
disciplines
(b)
promote continuous professional
development in medicine, surgery
and related disciplines,
(c)
promote postgraduate medical
education and research in
medicine, surgery and related
disciplines; and
(d)
contribute to the formulation of
policies on sound health and
public health generally.
Functions
of the College
26.
To achieve the objects, the
College shall
(a)
organise and supervise
specialist training, promote
continuous professional
development and support
postgraduate research in
medicine, surgery and related
disciplines;
(b)
conduct specialist examinations
in medicine, surgery and related
disciplines;
(c)
publish journals and pamphlets;
(d)
award diplomas and certificates
on completion of specialist
training and confer professional
distinctions;
(e)
foster cooperation with other
institutions with similar
objectives;
(f)
initiate and participate in
actions and discussions aimed at
sound health and formulation of
public policies on health; and
(g)
perform any other functions that
are ancillary to the objects of
the College.
Governing body of the College
27.
(1) The governing body of the
College is a Council consisting
of
(a)
a chairperson;
(b)
the President of the College who
is elected by Fellows of the
College;
(c)
the Rector of the College who
shall be the Secretary;
(d)
two Vice-Presidents of the
College;
(e)
one representative of
(i) the Ministry of Health not
below the rank of Director,
(ii) the Deans of Medical and
Dental Schools; (iii) the
Medical and Dental Professions;
(iv) Chief Executives of the
Teaching Hospitals; (v) the
Medical and Dental Council;
f)
a representative of the
Attorney-General not below the
level of Principal State
Attorney;
(g)
a Resident elected by Residents;
and
(h)
one eminent person nominated by
the President of the Republic.
(2) The members of the Council
shall be appointed by the
President of the Republic in
accordance with article 70 of
the Constitution.
(3) The President of the.
Republic shall have regard to
gender in the appointment of
members of the Council.
(4) The Council shall ensure the
proper and effective performance
of the functions of the College.
Functions of the Council
28.
The Council is responsible for
the (a) implementation of
policies;
(b)
mobilisation, control and
supervision of the finances and
estates of the College;
(c)
admission of Members and
Associate-Members of the
College; and
(d)
recommendation of a member in
good standing to be admitted as
a Fellow.
Tenure of office of members of
the Council
29.
(1) A member of the Council
shall hold office for a term not
exceeding three years and is
eligible for re-appointment for
another term only.
(2) Subsection (1) does not
apply to the Rector of the
College. (3) A member of the
Board may at any time resign
from office in writing addressed
to the President of the Republic
through the Minister.
(4) A member of the Council,
other than the Rector who is
absent from three consecutive
meetings of the Council without
sufficient cause ceases to be a
member of the Council.
(5) The President of the
Republic may by letter addressed
to a member revoke the
appointment of that member.
(6) Where a member of the
Council is, for a sufficient
reason, unable to act as a
member, the Minister shall
determine whether the inability
would result in the declaration
of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 31; or
(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 Republic of the
vacancy and the President of the
Republic shall appoint a person
to fill the vacancy.
Meetings
of the Council
30. (1) The Council shall meet
at least once every three months
for the despatch of business at
the time and in the place
determined by the chairperson.
(2) The chairperson shall at the
request in writing of at least
one third of the members of the
Council convene an extraordinary
meeting of the Council at the
place and time determined by the
chairperson.
(3) The quorum at a meeting of
the Council is nine members of
the Council or a greater number
determined by the Council in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the
Council and in the absence of
the chairperson, one of the
members shall be elected by the
members present to preside.
(5) Matters before the Council
shall be decided by a simple
majority of members present and
voting and in the event of
equality of votes the person
presiding shall have a casting
vote.
(6) The Council may co-opt a
person to attend a Council
meeting but that person shall
not vote on a matter for
decision at the meeting.
(7) The proceedings of the
Council 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
31.
(1) A member of the Council who
has an interest in a matter for
consideration by the Council
(a)
shall disclose the nature of
that 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 Council in
respect of that matter.
(2) A member ceases to be a
member if that member has an
interest
in a matter before the Board and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations of the Council in
respect of the matter.
Allowances for members
32.
Members of the Council including
persons co-opted to attend
meetings of the Council shall be
paid the allowances approved by
the Minister in consultation
with the Minister for Finance.
The College
President and Vice-Presidents of
the College
33.
(1) The President of the College
shall be a Fellow of the College
in good standing and the
academic head of the College.
(2) The College shall have a
Vice-President for each of the
Divisions of the College.
(3) A Vice-President is a Fellow
and a member of a Division of
the College who is elected by
Fellows of the College who are
members of that Division to head
that Division.
Academic Board
34.
(1) The College shall have an
Academic Board which is
responsible for the academic
affairs of the College.
(2) The Academic Board comprises
(a)
the President of the College who
shall be the chairperson, (b)
the Rector who shall be
Secretary
(c)
the Vice-Presidents of the
College,
(d)
the Vice-Rectors of the College;
(e)
the Editor of the College,
(f)
chairpersons of the various
faculties, and (g) the
Librarian who shall be in
attendance.
Functions of the Academic Board
35.
The Academic Board shall, among
other things,
(a)
approve courses of study and
examinations held in connection
with the courses;
(b)
prescribe by-laws, rules and
regulations for the conduct of
the business of the College;
(c)
determine the criteria for the
admission of Members and
Associate Members to the
College;
(d)
approve a structure of operation
that will enable the College to
discharge its functions; and
(e)
prescribe standards and training
programmes for specialists.
Committees of the Academic Board
36. (1) In the performance of
its functions the Academic Board
may form various committees
including education, research,
finance and editorial
committees.
(2) A Fellow of the College who
is not a member of the Academic
Board may be co-opted to serve
on a committee of the Academic
Board.
Divisions of the College
37. (I) The College shall have
the following Divisions: (a)
the Division of Physicians,
(b)
the Division of Surgeons, and
(c)
any other Division determined by
the Council on the advice of the
Academic Board.
(2) A Division shall consist of
a number of Faculties created by
the Division with the approval
of the Academic Board.
(3) A Division may subject to
the approval of the Academic
Board, add new Faculties or
remove old Faculties when
necessary.
Division of Physicians
38. The Division of Physicians
includes
(a)
the Faculty of Family Medicine,
(b) the Faculty of
Internal Medicine,
(c)
the Faculty of Laboratory
Medicine,
(d)
the Faculty of Paediatrics and
Child Health, (e) the
Faculty of Psychiatry,
(f)
the Faculty of Public Health,
and
(g)
the Faculty of Radiology,
Oncology and Radiation Therapy.
Division of Surgeons
39. The Division of Surgeons
includes
(a)
the Faculty of Anesthesiology
and Intensive Care, (b)
the Faculty of Dental Surgery
and Sub-Specialties, (c)
the Faculty of Obstetrics and
Gynaecology,
(d)
the Faculty of General and
Specialised Surgery, and (e)
the Faculty of Emergency
Medicine.
Divisional Board
40.
Each Division shall have a
Divisional Board which
(a)
is responsible for the overall
organisation and supervision of
the affairs of the Division, and
(b)
regulates its own proceedings.
Composition of Divisional Board
41.
A Divisional Board comprises
(a) the head of the
Division,
(b)
the Vice-Rector of-the Division
who shall be the Secretary,
(c) the assistant secretary
of the Division, and
(d)
the chairpersons and secretaries
of the Faculties in the
Division.
Tenure of office of members of
Divisional Board
42.
A member of the Divisional Board
shall hold office for a term of
two years and may be re-elected
but a member shall not be
elected for more than two terms.
Faculty Board
43.
(1) Each Faculty shall have a
Faculty Board consisting of
(a) the chairperson, and
(b)
subject to the approval of the
Academic Board, six or more
Fellows who belong to the
Faculty as members, one of whom
shall be elected as secretary.
(2) The chairperson and other
members of the Faculty Board
shall be elected by the Fellows
who belong to the Faculty.
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election but shall not be
elected for more than two terms.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
44.
The College shall have the
following membership: (a)
Foundation Fellows;
(b)
Fellows;
(c)
Members and Associate Members;
(d)
Honorary Fellows; and
(e)
Affiliate Members.
Rector
45.
(1) There shall be a secretariat
for the College which shall be
headed by a Rector.
(2) The Rector shall be
appointed by the Council and
shall hold office on terms and
conditions specified in the
letter of appointment.
(3) The Rector must be a medical
or dental practitioner, a Fellow
of the College and is the
administrative head of the
College.
Vice-Rectors
46.
(1) There shall be Vice-Rectors
of the College who shall be
appointed by the Council.
(2) The Vice-Rectors shall
discharge duties assigned by the
Rector and in the absence of the
Rector, one of the Vice-Rectors
shall act as Rector.
(3) The Vice-Rectors are
responsible for the
administration of a Division and
may assist the Vice-President in
the academic affairs of the
Division.
Editor and other employees
47.
(1) The College shall have an
Editor who is responsible for
publications of the College.
(2) The Academic Board shall
elect the Editor from among
fellows of the College and the
Editor shall hold office for two
years and is eligible for
re-election.
(3) Except as otherwise
provided, the Council may employ
for the College people required
for the proper and efficient
performance of the functions of
the College on terms and
conditions that the Council
considers appropriate.
Financial and miscellaneous
provisions
Funds of the College
48.
(1) The funds of the College
include
(a)
funds provided from the
Consolidated Fund, (b)
fees charged by the College,
(c)
income from investment,
(d)
donations, gifts, bequests, and
(e) grants and loans.
(2) The College may retain a
percentage of internally
generated funds realised in the
performance of its functions.
(3) The percentage of internally
generated funds retained by the
College shall be as specified in
writing by the Minister
responsible for Finance.
Bank accounts
49.
The Council shall open for the
College an account with a
recognised bank.
Accounts and audit
50.
(1) The Council shall keep books
of account and proper records in
relation to them in a form
approved by the Auditor-General.
(2) The Council shall submit the
accounts of the College 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 end of the financial
year audit the accounts and
forward a copy of the audited
report to the Minister.
(4) The financial year of the
College is the same as the
financial year of the
Government.
Annual report and other reports
51.
(1) The Council shall within one
month after the receipt of the
audit report submit an annual
report to the Minister covering
the activities of the College
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 Council shall also
submit to the Minister any other
reports which the Minister may
require in writing.
Regulations
52.
(1) The Minister on the advice
of the Council may by
legislative instrument make
Regulations for the effective
implementation of this Part.
(2) A person who contravenes a
provision of the Regulations
made under this Act is liable to
a fine of not more than five
thousand penalty units.
Interpretation
53.
In this Part unless the context
otherwise requires,
"Affiliate Member" means a
Resident of the College;
"Associate Member" means a
person who has been awarded a
diploma by the College;
"College" means the Ghana
College of Physicians and
Surgeons; "Council" means the
governing body of the College;
"Divisional Board" means the
Divisional Board of a Division;
"Faculty Board" means a Faculty
Board established under
section
43; .
"Fellows" means a body of
Fellows consisting of Foundation
Fellows, Honorary Fellows and
other recognised Fellows;
"Foundation Fellow" means a
professional or an individual of
high distinction on whom the
College has conferred honours;
"good standing" means a Fellow,
Member or Associate Member who
has fulfilled all relevant
requirements as determined by
the College;
"Honorary Fellow" means a person
admitted as Fellow of the
College at its inception;
Member" means a person who has
completed a specialist training
programme of the College;
"Minister" means the Minister
responsible for Health;
"resident" means a person who is
undertaking specialist training
in the College; and
"Vice-President" means the head
of a constituent Division who by
virtue of being such a head
becomes Vice-President of the
College.
Transitional provisions
54.
(1) The rights, assets and
liabilities accrued in respect
of the properties vested in the
College established under the
Ghana College of Physicians and
Surgeons Act, 2003 (Act 635)
immediately before the
commencement of this Act and the
persons employed by the College
are transferred to the Ghana
College of Physicians and
Surgeons established under this
Act and accordingly proceedings
taken by or against the former
College may be continued by or
against the College estabkished
under this Act.
(2) Any contract subsisting
between the former College
established under the Ghana
College of Physicians and
Surgeons Act, 2003 (Act 635)
and another person and in effect
immediately before the
commencement of this Act shall
subsist between the College
estabishrd under this Act and
that other person.
Repeal and savings
55. (1) The Ghana College of
Physicians and Surgeons Act,
2003 (Act 635) is hereby
repealed.
(2) Despite the repeal of Act
635 any act lawfully made or
done under the repealed
enactment and in force
immediately before the
commencement of this Act shall
be considered to have been made
or done under this Act.
PART THREE-ESTABLISHMENT OF
GHANA COLLEGE OF NURSES AND
MIDWIVES
Establishment of the College
Establishment of Ghana College
of Nurses and Midwives
56. (1) There is established by
this Act a body corporate with
perpetual succession to be known
as the Ghana College of Nurses
and Midwives.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
College under the State Property
and Contracts Act, 1960 (C.A. 6)
or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the College.
Objects of the College
57. The objects of the College
are to
(a)
promote specialist education in
nursing and midwifery and
related disciplines;
(b)
promote continuous professional
development in nursing,
midwifery and related
disciplines;
(c)
promote postgraduate nursing,
midwifery and related
disciplines for the College, and
(d)
contribute to the formulation of
policies to improve health
outcome and public health
generally.
Functions of the College
58. To achieve the objects, the
College shall
(a)
organise and supervise
specialist training, continuous
professional development and
support postgraduate or post
diploma research in nursing,
midwifery and related
disciplines;
(b)
conduct and organise specialist
examinations in nursing,
midwifery and related
disciplines;
(c)
publish journals and pamphlets;
(d)
award diplomas and certificates
on completion of specialist
training and confer professional
distinctions;
(e)
foster cooperation with other
institutions with similar
objectives;
(f)
initiate and participate in
actions and discussions aimed at
improving health outcome and
formulation of public health
policies in collaboration with
other relevant institutions; and
(g) perform other
functions that are ancillary to
the objects of the College.
Governing body of the College
59.
(1) The governing body of the
College is a Council consisting
of (a) a chairperson;
b)
the President of the College who
is elected by fellows of the
College;
(c)
the Rector of the College who
shall be the Secretary; (d)
two Vice-Presidents of the
College;
(e)
one representative of
(i)
the Ministry of Health not
below the rank of Director,
(ii) the Deans and heads of
Nursing and Midwifery Schools;
and
(iii) the Nursing and Midwifery
Council;
(f)
a representative of the
Attorney-General not below the
level
of Principal State Attorney;
(g)
two representatives of nurses
and midwives associations;
(h) a Resident elected by
Residents; and
(i)
one other person nominated by
the President of the Republic.
(2) The members of the Council
shall be appointed by the
President of the Republic in
accordance with article 70 of
the Constitution.
(3) The Council shall ensure the
proper and effective performance
of the functions of the College.
Functions of the Council
60.
The Council is responsible for
the (a) implementation of
policies,
(b)
mobilisation, control and
supervision of the finances and
estates of the College,
(c)
admission of Members and
Associate-Members of the
College, and
(d)
recommendation of a member in
good standing to be admitted as
a Fellow.
Tenure of office of members of
the Council
61.
(1) A member of the Council
shall hold office for a term not
exceeding three years and is
eligible for re-appointment for
another term only.
(2) Subsection (1) does not
apply to the Rector of the
College. (3) A member of the
Council may at any time resign
from office in writing addressed
to the President through the
Minister.
(4) A member of the Council,
other than the Registrar of the
Council, who is absent from
three consecutive meetings of
the Board without sufficient
cause ceases to be a member of
the Council.
(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 determined
whether the inability would
result in the declaration of a
vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 63; or
(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 Council
62.
(1) The Council shall meet at
least once every three months
for the despatch of business at
the time and in the place
determined by the chairperson.
(2) The chairperson shall at the
request in writing of at least
one third of the members of the
Council convene an extraordinary
meeting of the Council at the
place and time determined by the
chairperson.
(3) The quorum at a meeting of
the Council is seven members of
the Council or a greater number
determined by the Council in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the
Council and in the absence of
the chairperson, one of the
members elected by the member's
present shall preside.
(5) Matters before the Council
shall be decided by a majority
of members present and voting
and in the event of equality of
votes the person presiding shall
have a casting vote.
(6) The Council may co-opt a
person to attend a Council
meeting but that person shall
not vote on a matter for
decision at the meeting.
(7) The proceedings of the
Council 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
63. (1) A member of the Council
who has an interest in a matter
for consideration by the Council
(a)
shall disclose the nature of
that 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 Council in
respect of that matter.
(2) A member ceases to be a
member of the Council if that
member has an interest in a
matter before the Council and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations on the matter.
Allowances for members
64. Members of the Council
including persons co-opted to
attend a meeting of the Council
shall be paid the allowances
approved by the Minister in
consultation with the Minister
for Finance.
The College
President
and Vice-Presidents
of the College
65.
(1) The President of the College
shall be a Fellow of the College
(2) The College shall have a
Vice-President for each of the
Divisions of the College.
(3) A Vice-President is a Fellow
and a member of a Division of
the College who is elected by
Fellows of that Division of the
College.
(4) A Vice-President shall hold
office for a term of two years
and
is eligible for re-election.
.
Academic Board
66.
(1) The College shall have an
Academic Board which is
responsible for the academic
affairs of the College.
(2) The Academic Board comprises
(a)
the President of the College who
shall be the chairperson, (b)
the Rector who shall be the
Secretary,
(c)
the Vice-Presidents of the
College,
(d)
the Vice-Rectors of the College,
(e)
the Editor of the College,
(f)
chairpersons of the various
faculties, and
(g)
the Librarian who, unless a
Fellow, shall be in attendance.
Functions of the Academic Board
67.
The Academic Board shall, among
other things,
(a)
approve courses of study and
examinations held in connection
with the courses.
(b)
prescribe by-laws, rules and
regulations for the conduct of
the business of the College,
(c)
determine the criteria for the
admission of Members and
Associate Members to the
College;
(d)
approve a structure of operation
that will enable the College to
discharge its functions; and
(e)
prescribe standards and training
programmes for specialists.
Committees of the Academic Board
68.
(1) The Academic Board may
establish various committees
including education, research,
finance and editorial committees
for the efficient performance of
its functions. (2) A Fellow of
the College who is not a member
of the Academic Board may be
co-opted to serve on a committee
of the Academic Board.
Divisions of the College
69. (1) The College shall have
the following Divisions: (a)
the Division of Nursing and
Adult Health, (b) the
Division of Midwifery and
Paediatrics, (c) the
Division of Mental Health
Nursing,
(d)
Division of Corrimunity and
Public Health; and
(e)
any other Division determined by
the Council on the advice of the
Academic Board.
(2) Each Division shall have a
head who is a Vice-President of
the College.
(3) A Division shall consist of
a number of Faculties created by
the Division with the approval
of the Academic Board.
(4) The Division may subject to
the approval of the Academic
Board, add new Faculties or
remove old Faculties when
necessary.
Divisional Boards
70. Each Division shall have a
Divisional Board which
(a)
is responsible for the overall
supervision and organisation of
the affairs of the Division, and
(b)
regulates its own proceedings
Composition of a Divisional
Board
71. A Divisional Board comprises
(a) the head of the
Division,
(b)
the Vice-Rector of a Division,
and
(c)
the chairpersons and secretaries
of the Faculties in the
DiviSIOn.
Tenure of office of members of
the Divisional Board
72. A member of the Divisional
Board shall hold office for a
term of two years but shall not
hold office for more than two
terms.
Faculty Board
73. (1) Each Faculty shall have
a Faculty Board composed of
(a) the chairperson, and
(b)
subject to the approval of the
Academic Board, three or more
Fellows who belong to the
Faculty as members, one of whom
is elected as secretary.
(2) The chairperson and other
members of the Faculty Board are
elected by the Fellows who
belong to the Faculty.
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election but shall not be
elected for more than two terms.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
(b)
subject to the approval of the
Academic Board, three or more
Fellows who belong to the
Faculty as members, one of whom
is elected as secretary.
(2) The chairperson and other
members of the Faculty Board are
elected by the Fellows who
belong to the Faculty.
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election but shall not be
elected for more than two terms.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
74.
The College shall have the
following membership: (a)
Foundation Fellows;
(b)
Fellows;
(c)
Members and Associate Members;
(d) Honorary Fellows; and
(e)
Affiliate members.
(b)
subject to the approval of the
Academic Board, three or more
Fellows who belong to the
Faculty as members, one of whom
is elected as secretary.
(2) The chairperson and other
members of the Faculty Board are
elected by the Fellows who
belong to the Faculty.
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election but shall not be
elected for more than two terms.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
74.
The College shall have the
following membership: (a)
Foundation Fellows;
(b)
Fellows;
(c)
Members and Associate Members;
(d) Honorary Fellows; and
(e)
Affiliate members.
(b)
subject to the approval of the
Academic Board, three or more
Fellows who belong to the
Faculty as members, one of whom
is elected as secretary.
(2) The chairperson and other
members of the Faculty Board are
elected by the Fellows who
belong to the Faculty.
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election but shall not be
elected for more than two terms.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
Rector
75.
(1) There shall be a secretariat
for the College which is headed
by a Rector.
(2) The Rector shall be
appointed by the Council and
shall hold office on terms and
conditions specified in the
letter of appointment.
(3) The Rector must be a nursing
or midwifery practitioner and is
the administrative head of the
College.
Vice-Rectors
76.
(1) There shall be a Vice-Rector
for each Division who shall be
appointed by the Council.
(2) A Vice-Rector shall hold
Office on the terms and
conditions specified in the
letter of appointment.
(3) A Vice-Rector shall
discharge duties assigned by the
Rector and in the absence of the
Rector, one of the Vice-Rector's
shall act as Rector.
(4) A Vice-Rector is responsible
for the administration of a
Division and may assist the
Vice-President in the academic
affairs of the Division.
Editor and other employees
77.
(1) The College shall have an
Editor who is responsible for
publications of the College.
(2) The Academic Board shall
elect the Editor from among
Fellows of the College and the
Editor shall hold office for two
years and is eligible for
re-election.
(3) Except as otherwise
provided, the Council may employ
for the College people required
for the proper and efficient
performance of the functions of
the College on terms and
conditions that the Council
considers appropriate.
Financial and miscellaneous
provisions
Funds of the College
78.
(1) The funds of the College
include
(a)
funds provided from the
Consolidated Fund, (b)
fees charged by the College,
(c)
income from investment,
(d)
donations, gifts, and
(e)
grants and loans.
(2) The college may retain a
percentage of internally
generated funds realised in the
performance of its functions.
(3) The percentage of the
internally generated funds
retained by the College shall be
as specified in writing by the
Minister responsible for
Finance.
Bank accounts
79.
The Council shall open for the
College an account with a
recognised bank.
Accounts and audit
80.
(1) The Council shall keep books
of account and proper records in
relation to them in a form
approved by the Auditor-General.
(2) The Council shall submit the
accounts of the College 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 end of the financial
year audit the accounts and
forward a copy of the audited
report to the Minister.
(4) The financial year of the
College is the same as the
financial year of the
Government.
Annual report and other reports
81.
(1) The Council shall within one
month after the receipt of the
audit report submit an annual
report to the Minister covering
the activities of the College
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 Council shall also
submit to the Minister any other
reports which the Minister may
require in writing.
Regulations
82.
(1) The Minister may on the
advice of the Council by
legislative instrument make
Regulations for the effective
implementation of this Part.
(2) A person who contravenes a
provision of the Regulations
made under this Act is liable to
a fme of not more than five
thousand penalty units.
Interpretation
83.
In this Part unless the context
otherwise requires,
"Affiliate Member" means a
Resident of the College;
"Associate Member" means a
person who has been awarded a
diploma by the College;
"College" means the Ghana
College of Nurses and Midwives;
"Council" means the governing
body of the College; "Divisional
Board" means the Divisional
Board of a Division
as provided under this Part;
"Faculty Board" means a Faculty
Board established under section
73;
"Fellows" means a body of
Fellows consisting of Foundation
Fellows, Honorary Fellows and
ether recognised Fellows;
"Foundation Fellow" means a
person admitted as Fellow of the
College at its inception;
"good standing" means a Fellow,
Member or Associate Member who
has fulfilled all relevant
requirements as determined by
the College;
"Honorary Fellow" means a
professional or an individual of
high distinction on whom the
College has conferred honours;
"Member" means a person who has
completed a specialist training
programme of the College;
"Minister" means the Minister
responsible for Health;
"President" means a Fellow who
is elected at an Annual General
Meeting of the body of Fellows;
"Resident" means a person who is
undertaking specialist training
in the College; and
"Vice-President" means the head
of a Division who by virtue of
being such a head becomes
Vice-President of the CounciL
PART FOUR - ESTABLISHMENT OF
GHANA COLLEGE OF PHARMACISTS
Establishment
of the College Establishment of
Ghana College of Pharmacists
84. (1) There is established by
this Act a body corporate with
perpetual succession to be
known as the Ghana College of
Pharmacists.
(2) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
College under the State Property
and Contracts Act, 1960 (CA. 6)
or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the College.
Objects of the College
85. The objects of the College
are to
(a)
promote specialist training in
pharmacy and related
disciplines,
(b)
promote continuous professional
development in pharmacy and
related disciplines,
(c)
promote research in
pharmaceutical practice and
related disciplines; and
(d)
contribute to the formulation of
policies on sound health,
medicine and public health
generally.
Functions of the College
86. To achieve the objects, the
College shall
(a)
organise and supervise
specialist training, promote
continuous professional
development and support research
in pharmacy and related
disciplines;
(b)
conduct and organise specialist
examinations in pharmacy and
related disciplines;
(c)
publish journals and pamphlets
on pharmacy;
(d)
award diplomas and certificates
on completion of specialist
training and confer professional
distinctions;
(e)
foster cooperation with other
institutions with similar
objectives;
(f) initiate and participate in
actions and discussions aimed at
sound health and formulation of
public policies on health and
medicines; and
(g)
perform any other functions
which are ancillary to the
objects of the College.
Governing body of the College
87.
(1) The governing body of the
College is a Council consisting
of (a) a chairperson;
(b)
the President of the College who
is elected by Fellows of the
College;
(c)
the Rector of the College who
shall be Secretary to the
Council; (d) one
representative of
(i) the Ministry of Health not
below the rank of Director, (ii)
the Deans or heads of pharmacy
training schools, (iii) the
pharmacy profession elected by
practitioners; (iv) the Pharmacy
Council, and
(v) the Attorney-General not
below the level ofPrincipal
State Attorney,
(e)
a Resident elected by Residents;
and
(f)
two other persons nominated by
the President of the Republic.
(2) The members of the Council
shall be appointed by the
President of the Republic in
accordance with article 70 of
the Constitution.
(3) The President of the
Republic shall have regard to
gender in the appointment of
members of the Council.
(4) The Council shall ensure the
proper and effective performance
of the functions of the College.
Functions of the Council
88.
The Council is responsible for
the (a) implementation of
policies,
(b)
mobilisation, control and
supervision of the finances and
estates of the College,
(c)
admission of Members and
Associate-Members of the
College, and
(d)
recommendation of a member in
good standing to be admitted as
a Fellow.
Tenure of office of members of
the Council
89.
(1) A member of the Council
shall hold office for a term of
three years and is eligible for
re-appointment for another term
only.
(2) Subsection (1) does not
apply to the Rector of the
College. (3) A member of the
Council may at any time resign
from office in writing addressed
to the President through the
Minister.
(4) A member of the Council,
other than the Rector of the
College, who is absent from
three consecutive meetings of
the Council without sufficient
cause ceases to be a member of
the Council.
(5) The President of the
Republic may by letter addressed
to a member revoke the
appointment of that member.
(6) Where a member of the
Council is, for a sufficient
reason, unable to act as a
member, the Minister shall
determine whether the inability
would result in the declaration
of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 91; or
(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 Republic of the
vacancy and the President of the
Republic shall appoint a person
to fill the vacancy.
Meetings
of the Council
90.
(1) The Council shall meet at
least once every three months
for the despatch of business at
the time and in the place
determined by the chairperson.
(2) The chairperson shall at the
request in writing of at least
one third of the members of the
Council convene an extraordinary
meeting of the Council at the
place and time determined by the
chairperson.
(3) The quorum at a meeting of
the Council is seven members of
the Council or a greater number
in respect of an important
matter.
(4) The chairperson shall
preside at meetings of the
Council and in the absence of
the chairperson a member of the
Council, elected by the members
present at the meeting from
among their number shall
preside.
(5) Matters before the Council
shall be decided by a simple
majority of members present and
voting and in the event of
equality of votes the person
presiding shall have a casting
vote.
(6) The Council may co-opt a
person to attend a Council
meeting but that person shall
not vote on a matter for
decision at the meeting.
(7) The proceedings of the
Council 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
91. (1) A member of the Council
who has an interest in a matter
for consideration by the Council
(a)
shall disclose the nature of
that 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 Council in
respect of that matter.
(2) A member ceases to be a
member if that member has an
interest in a matter before the
Council and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations of the Council in
respect of the matter.
Allowances for members
92. Members of the Council
including persons co-opted to
attend meetings of the Council
shall be paid the allowances
approved by the Minister in
consultation with the Minister
for Finance.
The College
President and Vice-President of
the College
93. (1) The President of the
College shall be a Fellow of the
College elected by Fellows of
the College and is the academic
head of the College.
(2) The College shall have a
Vice-President who is
(a)
a Fellow of the College and
elected by Fellows of the
College, and
(b)
the head of a Division of the
College.
Academic Board
94.
(1) The College shall have an
Academic Board which is
responsible for the academic
affairs of the College.
(2) The Academic Board comprises
(a)
the President who shall be the
chairperson,
(b)
the Rector who shall be
Secretary to the Academic Board
(c) the Editor of the
College,
(d)
chairpersons of the various
Faculties, and (e) the
Librarian who shall be in
attendance.
Functions of the Academic Board
95.
The Academic Board shall, among
other things,
(a)
approve courses of study and
examinations held in connection
with the courses;
(b)
prescribe by-laws, rules and
regulations for the conduct of
the business of the College;
(c)
determine the criteria for the
admission of Members and
Associate Members to the
College;
(d)
approve a structure of operation
for the effective performance
of the functions of the College;
and
(e)
prescribe standards and training
programmes for specialists.
Committees of the Academic Board
96.
(1) In the performance of its
functions the Academic Board may
form various committees
including education, research,
finance and editorial
committees.
(2) A Fellow of the College who
is not a member of the Academic
Board may be co-opted to serve
on a committee of the Academic
Board.
Division
of the College
97.
(1) The College shall have the
following Divisions: (a)
Division of Pharmaceutical Care;
(b)
Division of Pharmaceutical
Production and Quality
Assurance;
(c)
Division of Social and Public
Health Pharmacy; and
(d)
any other division determined by
the Council on the advice of the
Academic Board.
(2) A Division shall consist of
a number of Faculties created by
the Division with the approval
of the Academic Board.
(3) The Division may, subject to
the approval of the Academic
Board, add new Faculties or
remove old Faculties when
necessary.
Division
of Pharmaceutical Care
98.
The Division of Pharmaceutical
Care includes (a) the
Faculty of Clinical Pharmacy;
and
(b)
the Faculty of Community and
Family Planning.
Division
of Pharmaceutical Production
and Quality Assurance
99.
The Division of Pharmaceutical
Production and Quality
Assurance includes
(a)
the Faculty of Drug and Herbal
Medicine Production; and (b)
the Faculty of Quality
Assurance.
Division of Social and Public
Health Pharmacy
100.
The Divsion of Social and Public
Health Pharmacy includes (a)
the Faculty of Social and
Administrative Pharmacy; and
(b) the Faculty of Public
Health Pharmacy.
Divisional Board
101.
Each Division shall have a
Divisional Board which
(a)
is responsible for the overall
organisation and supervision of
the affairs of the Divsion; and
(b)
shall regulate its own
proceedings.
Composition of Divisional Board
102.
A Divisional Board comprises
(a) the Head of the
Division,
(b)
the Vice-Rector of the Division
who shall be the Secretary, and
(c)
the chairpersons and secretaries
of the Faculties in the
Division.
Tenure of office of members of
Divisional Board
103.
A member of a Divisional Board
shall hold office for a term of
two years and is eligible for
re-election for another term
only.
Faculty Board
104.
(1) Each Faculty shall have a
Faculty Board consisting of
(a) the chairperson, and
(b)
subject to the approval of the
Academic Board, three or more
Fellows who are members of the
Faculty, one of whom shall be
elected as secretary.
(2) The chairperson and other
members of the Faculty Board
shall be elected by the Fellows
who belong to the Faculty,
(3) The chairperson and other
members of the Faculty Board
shall hold office for a term of
two years and are at the
expiration of the term eligible
for re-election.
(4) A Faculty Board shall
(a)
develop, promote and implement
the academic programmes of the
Faculty; and
(b)
nominate Examiners for approval
by the Academic Board.
College membership
105.
The College shall have the
following membership: (a)
Foundation Fellows;
(b)
Fellows;
(c)
Members and Associate Members;
(d) Honorary Fellows and
(e)
Affiliate Members.
Rector
106.
(1) There shall be a secretariat
for the College which is headed
by a Rector.
(2) The Rector shall be
appointed by the Council and
shall hold office on terms and
conditions specified in the
letter of appointment.
(3) The Rector must be a
registered pharmacist and is the
administrative head of the
College.
107.
There shall be Vice-Rectors of
the College who shall be
appointed by the Council.
(2) The Vice-Rectors shall
discharge duties assigned by the
Rector and in the absence of the
Rector, one of the Vice Rectors
shall act as Rector.
(3) A Vice-Rector is responsible
for the administration of a
Division and may assist the
Vice-President in the academic
affairs of the Division
Editor and other employees
108.
(1) The College shall have an
Editor who is responsible for
publications of the College.
(2) The Academic Board shall
elect the Editor from among
Fellows of the College and the
Editor shall hold office for two
years and is eligible for
re-election.
(3) Except as otherwise
provided, the Council may employ
for the College persons required
for the proper and efficient
performance of functions on
terms and conditions that the
Council considers appropriate.
Financial and miscellaneous
provisions
Funds
of the College
109.
(1) The funds of the College
include
(a)
funds provided from the
Consolidated Fund, (b)
fees charged by the College,
(c)
income from investment,
(d)
donations, gifts, bequests, and
(e) grants and loans.
(2) The College may retain a
percentage of internally
generated funds realized in the
performance of its functions.
(3) The percentage of the
internally generated funds
retained by the College shall be
as specified in writing by the
Minister responsible for
Finance.
Bank accounts
110.
The Council shall open for the
College an account with a
recognised bank.
Accounts and audit
111.
(1) The Council shall keep books
of account and proper records in
relation to them in a form
approved by the Auditor-General.
(2) The Council shall submit the
accounts of the College 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 end of the financial
year audit the accounts and
forward a copy of the audited
report to the Minister.
(4) The financial year of the
College is the same as the
financial year of the
Government.
Annual report and other reports
112.
(1) The Council shall.within one
month after the receipt of the
audit report submit an annual
report to the Minister covering
the activities of the College
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 Council shall also
submit to the Minister any other
reports which the Minister may
require in writing.
Regulations
113.
The Minister on the advice of
the Council may by legislative
instrument make Regulations for
the effective implementation of
this Act.
Interpretation
114.
In this Part unless the context
otherwise requires
"Affiliate Member" means a
Resident of the College;
"Associate Member" means a
person who has been awarded a
diploma by the College;
"College' means the Ghana
College of Pharmacists;
"Council" means the governing
body of the College;
'Faculty Board" means a Faculty
Board established under this
Part;
"Fellows" means a body of
Fellows consisting of Foundation
Fellows, Honorary Fellows and
other recognised Fellows;
"Foundation Fellow" means a
person admitted as Fellow of the
College at its inception;
"good standing" means a Fellow,
member or Associate Member who
has fulfilled all relevant
requirements as determined by
the College;
"Honorary Fellow" means a
professional or an individual of
high distinction on whom the
College has conferred honours;
"Member" means a person who has
completed a specialist training
programme of the College;
"Minister" means the Minister
responsible for Health;
"President" means the a Fellow
who is in good standing and is
elected as President of the
College at an Annual General
Meeting of the Body of Fellows;
"Resident" means a person who is
undertaking specialist training
in the College; and
"Vice-President' means the Vice
President of the College
Date of Gazette
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