GHANA HEALTH SERVICE AND TEACHING HOSPITALS ACT - 1996 (ACT 525)
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(1) The objects of the Service are to-
(a) implement approved national policies for health delivery in the country;
(b) increase access to improved health services; and
(c) manage prudently resources available for provision of health services.
(2) For the purpose of achieving its objects, the Service shall perform the following functions-
(a) ensure access to health services at the community, subdistrict, district and regional levels by providing health services or contracting out service provision to other recognised health care providers;
(b) set technical guidelines to achieve policy standards set by the Ministry;
(c) plan, organise and administer comprehensive health services with special emphasis on primary health care;
(d) develop mechanisms for the equitable distribution of health facilities distribution of health facilities in rural and urban districts;
(e) manage and administer health institutions within the Service;
(f) contract with teaching hospitals for the treatment of referred patients;
(g) promote health, mode of healthy living and good health habits by people;
(h) establish effective mechanisms for disease surveillance, disease prevention and control;
(i) promote the efficiency and advancement of health workers through in-service and continuing education;
(j) manage the assets and properties of the Service to ensure the most effective use of them;
(k) determine, with the approval of the Minister charges for health services rendered by the Service;
(l) perform any other function that is relevant to the promotion, protection and restoration of health.
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(1) The governing body of the Service shall be known as the Ghana Health Service Council referred to in this Act as "the Council".
(2) The Council shall consist of-
(a) a chairman who shall be a person with considerable experience in management and administration but who shall not be a Minister or a Deputy Minister;
(b) the Director-General of the Service appointed under section 11 of this Act;
(c) a representative of the Ministry of Health;
(d) a representative of the Ministry of Finance;
(e) a representative of the Ministry of Education;
(f) a representative of the Ministry of Local Government and Rural Development;
(g) a representative of the Health Workers Union of the T.U.C.; and
(h) five other persons who by their knowledge and experience can contribute to the work of the Council, at least two of whom shall be women.
(3) The Chairman and the other members of the Council shall be appointed by the President in consultation with the Council of State.
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The Council shall have general control of the management of the Service and shall-
(a) ensure the implementation of the functions of the Service;
(b) submit to the Minister recommendations for health care delivery policies and programmes;
(c) promote collaboration between the Ministry of Health, the Teaching Hospitals and the Service;
(d) advise the Minister on the qualification for posts in the Service; and
(e) advise the Minister on such other matters as the Minister may request.
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(1) A member of the Council other than an ex-officio member shall hold office for four years and shall on the expiration of that period be eligible for re-appointment for one further term only.
(2) Any member of the Council other than an ex-officio member may resign his office in writing addressed to the President through the Minister.
(3) A member may be removed by the President in consultation with the Council of State.
(4) Where the office of a member of the Council other than an ex-officio member becomes vacant before the expiration of his term of office or by his death, the Minister shall notify the President of the occurrence of the event and the President shall, acting in consultation with the Council of State appoint another person in his place to hold office for the unexpired period of his term of office.
(5) Where it appears to the President on the recommendations of the Minister that any member of the Council is incapacitated by absence from Ghana or illness or any other sufficient cause from performing the duties of his office the President shall appoint another person to hold office in his place until such time as the President is satisfied that the incapacity of that person has terminated or until the term of the member expires whichever first occurs.
(6) A member of the Council who is absent from three consecutive meetings of the Council without sufficient cause shall cease to be a member.
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(1) The Council shall meet for the despatch of business at such times and at such places as the Chairman may determine but shall meet at least once every two months.
(2) The Chairman shall upon written request of not less than four members of the Council including at least two persons appointed under section 4(2) (h) convene a special meeting of the Council.
(3) The quorum at a meeting of the Council shall consist of five members and shall include the Director-General or the person acting in that capacity.
(4) Every meeting of the Council shall be presided over by the Chairman and in his absence by a member of the Council elected by members present from among their number.
(5) Questions 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 second or casting vote.
(6) The Council may co-opt any person to act as an adviser at its meeting but no co-opted person is entitled to vote at the meeting.
(7) The validity of the proceedings of the Council shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.
(8) Any member of the Council who has an interest in a contract or other transaction proposed to be entered into with the Service shall disclose in writing to the Council the nature of his interest and shall be disqualified from participating in any deliberations of the Council in respect of the contract or other transaction.
(9) A member who infringes subsection (8) of this section is liable to be removed from the Council.
(10) Except as otherwise provided for in this section, the Council shall regulate the procedure for its meetings.
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(1) The Council may for the discharge of its functions appoint committees comprising members of the Council or non-members or both and may assign to these committees such functions of the Council as it may determine.
(2) Without prejudice to subsection (1) of this section, the Council shall appoint the following committees; the chairman of which shall be members of the Council-
(a) Appointments and Promotion Committee; and
(b) Disciplinary Committee.
(3) Subject to this Act, the Council shall determine the membership and functions of a committee appointed under this section.
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(1) The Council may with the approval of the Minister create such units or divisions within the Service at the national level as it may consider necessary for the efficient discharge of the functions of the Service and may with the approval of the minister abolish or re-organise any unit or division.
(2) Without prejudice to subsection (1) of this section, the Council shall establish the following divisions-
(a) Public Health Division;
(b) Institutional Care Division;
(c) Policy, Planning, Monitoring and Evaluation Division;
(d) Health Administration and Support Services Division;
(e) Supplies, Stores and Drug Management Division;
(f) Human Resource Development Division;
(g) Finance division; and
(h) such other divisions as the Council may determine.
(3) The Council shall determine the functions of the Divisions.
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(1) There shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission, a Director-General of the Service who shall be the chief executive of the Service.
(2) The Director-General shall be a person in the health profession with considerable knowledge and experience in planning, organisation and management of the delivery of health services.
(3) The Director-General shall hold office on such terms and conditions as shall be specified in his letter of appointment.
(4) Subject to such general directives as the Council may give, the Director-General shall be responsible for the direction of the work of the Service and for the day-to-day administration of the Service and shall ensure the implementation of the decisions of the Council.
(5) Without prejudice to subsection (4) of this section, the Director-General shall provide to the Minister such technical advice as the Minister may require.
(6) The Director-General shall co-ordinate work programmes and provide administrative rules, guidelines and procedures to facilitate the achievement of targets set by the Ministry and establish systems for effective collaboration and co-operation to avoid duplication and to achieve harmonization of programmes within the Service.
(7) The Director-General may delegate such of his duties as he may determine to any officer of the Service but the Director-General shall not be relieved from ultimate responsibility for the discharge of any delegated function.
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(1) There shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission a Deputy Director-General.
(2) The Deputy Director-General shall hold office on such terms and conditions as shall be specified in his letter of appointment.
(3) The Deputy Director-General shall be responsible to the Director-General in the performance of his functions under this Act.
(4) The Deputy Director-General shall, subject to the provisions of this Act-
(a) assist the Director-General in the discharge of his functions and perform such other functions as the Director-General may delegate to him; and
(b) be responsible for the direction of the Service when the Director-General is absent from Ghana or is otherwise unable to perform his functions.
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(1) The President shall in accordance with the advice of the Council given in consultation with the Public Services Commission and on such terms and conditions as may be determined, appoint for the Service such other staff and employees as may be necessary for the proper and effective performance of the functions of the Service.
(2) The staff of the Service shall subject to this Act perform such functions as the Council or Director-General with the approval of the Council may assign to them.
(3) Public officers may be transferred or seconded to the Service or may otherwise give assistance to it.
(4) The Council may engage the services of such consultants and advisers as it may upon the recommendation of the Director-General, determine.
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(1) The Minister shall, acting in consultation with the Director-General designate an officer of the Service as Secretary to the Council.
(2) The Secretary shall arrange the business for and cause to be recorded and kept the minutes of the meetings of the Council.
(3) The Secretary shall also perform such functions as the Council or the Director-General in consultation with the Council may assign to him and shall be assisted in the discharge of his functions by such of the staff of the Service as the Council may on the recommendation of the Director-General direct.
(4) The Secretary shall in the discharge of his functions under this section be answerable to the Director-General.
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(1) Without prejudice to the power of the Council to appoint committees for the purposes of this Act under section 9, there shall be appointed in each region a Regional Health Committee which shall be a committee of the Council.
(2) A Regional Health Committee shall comprise the following members-
(a) a chairman;
(b) the Regional Director of Health Service;
(c) a representative of the Regional Co-ordinating Council.
(d) a senior health professional in the Service in the region;
(e) one representative each of the Christian and Muslim religious groups in the region;
(f) a representative of the Regional House of Chiefs; and
(g) two other persons resident in the region at least one of whom shall be a woman; being persons who by reason of their interest in health matters and experience are capable of contributing to the work of the Regional Health Committee.
(3) The members of a Regional Health Committee referred to in subsection 2 (a), (d) and (g) of this section shall be appointed by the Council in consultation with the Regional Minister.
(4) Members other than ex-officio members shall hold office for a term of three years and shall on the expiration of their term be eligible for re-appointment.
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(1) There shall be appointed for each region an officer to be known as the Regional Director of Health Service referred to in this Act as "a Regional Director".
(2) A Regional Director shall be a person in the health profession with considerable knowledge and experience in planning, organisation and management of the delivery of health services.
(3) Regional Directors shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission.
(4) The President may in accordance with article 195 (2) of the Constitution delegate his power of appointment under this section.
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(1) There shall be appointed in each district a District Health Committee of the Service.
(2) A District Health Committee shall comprise the following members-
(a) a chairman;
(b) the District Director of Health Service;
(c) two representatives of the District Assembly;
(d) one representative each of the Christian and Muslim religious groups in the district;
(e) two health care personnel in the district one of whom shall be from the private sector;
(f) a representative of the Traditional Councils in the district; and
(g) two other persons at least one of whom shall be a woman.
(3) Members referred to under subsection (2) (a), (e) and (g) shall be appointed by the Council on the advice of the District Chief Executive.
(4) Members other than ex-officio members shall hold office for a period of three years and shall on the expiration of their term be eligible for re-appointment.
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(1) There shall be appointed for each hospital within the Service, a Medical Superintendent who shall be the public officer in charge of the hospital with responsibility for ensuring the execution and implementation of the decisions of the Council in the hospital.
(2) A Medical Superintendent shall hold office upon such terms and conditions as shall be specified in his letter of appointment.
(3) In the temporary absence of a Medical Superintendent, the Regional Director may authorise any senior health personnel at the hospital to perform the functions of the Medical Superintendent.
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(1) There shall be appointed for each hospital within the Service, a Hospital Administrator.
(2) A Hospital Administrator shall be responsible for the day-to-day administration of the hospital and shall in the performance of his functions be answerable to the Medical Superintendent.
(3) A Hospital Administrator shall hold office upon such terms and conditions as shall be specified in his letter of appointment.
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(1) There shall be appointed in each hospital within the Service a Hospital House Management Committee hereafter referred to as "a Hospital Management Committee".
(2) A Hospital Management Committee shall consist of the following members-
(a) the Medical Superintendent in charge of the hospital who shall be the chairman;
(b) the Hospital Administrator;
(c) the heads of clinical units where applicable;
(d) the head of nursing services;
(e) head of pharmacy;
(f) the head of finance; and
(g) two representatives of the Health Workers Union who shall hold office for a period of three years subject to renewal.
(3) A Hospital Management Committee shall-
(a) explain policies and directives of the Council to the employees of the hospital;
(b) develop measures to promote the co-ordination of activities of the units, if any, of the hospital; and
(c) assist with the administration and management of the hospital.
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The Teaching Hospital Boards established under the Hospital Administration Law, 1988 (P.N.D.C.L. 209) are hereby, subject to this Act, continued in existence as bodies corporate with perpetual succession, a common seal, power to sue and be sued in their corporate name and power to acquire, hold and dispose of property and to enter into any contract or other transaction.
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(1) There shall be established for the purposes of the administration of each Teaching Hospital established in this country, a board to be known as the Teaching Hospital Board for the respective hospital.
(2) A Teaching Hospital Board shall have perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) A Teaching Hospital Board, shall, subject to the provisions of this Act, have power to acquire and hold any movable or immovable property, to dispose of the property and to enter into any contract or other transaction.
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(1) A Teaching Hospital Board shall consist of the following members-
(a) a Chairman who shall not be an employee of the hospital;
(b) the Chief Administrator of the hospital;
(c) the Dean of the relevant Medical School;
(d) the Medical Director of the hospital;
(e) the Director of Administration of the hospital;
(f) the Director of Nursing Services of the hospital;
(g) the Director of Finance of the hospital;
(h) the Director of Pharmacy of the hospital;
(i) the Dean of the Dental School, where applicable; and
(j) three other persons who by their qualification and experience can contribute to the work of the Board at least one of whom shall be a woman.
(2) The members shall be appointed by the President in consultation with the Council of State.
(3) A member of a Teaching Hospital Board other than an ex-officio member shall hold office for a period of four years and shall on the expiration of the term be eligible for reappointment.
(4) A member of a Teaching Hospital Board may at any time resign his office by giving notice in writing addressed to the President through the Minister and the President may at any time remove a member of the Board from office in consultation with the Council of State.
(5) Where the office of a member other than ex-officio member of a Teaching Hospital Board becomes vacant, the Minister shall recommend another person to be appointed by the President to fill the vacancy.
(6) The members of a Teaching Hospital Board shall hold office on such terms and conditions, including the payment of such allowances as the Minister may on the recommendation of the Minister or Finance determine.
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(1) A Teaching Hospital Board shall meet at such times and at such places as the chairman may determine, but shall meet at least once every month.
(2) The chairman shall preside at meetings of a Teaching Hospital Board and in his absence a member of the Board elected by the members present shall preside.
(3) Questions before a Teaching Hospital Board shall be decided by a simple majority of the members present and voting and in the event of equality of votes the chairman or person presiding shall have a second or casting vote.
(4) The quorum at any meeting of a Teaching Hospital Board shall be six.
(5) A Teaching Hospital Board may at any time co-opt any person to act as an advisor at any of its meetings but no co-opted person is entitled to vote at the meeting on any matter for decision before the Board.
(6) The validity of the proceedings of the Board shall not be affected by a vacancy among its members or by any defect in the appointment or qualification of a member.
(7) Any member of the Board of a Teaching Hospital who has an interest, direct or indirect, in any company or undertaking which has financial concern in any matter that is a subject for the consideration of the Board shall disclose in writing to the Board the nature of his interest and shall not participate in any discussion or decision of the Board relating to the matter.
(8) Any member of a Teaching Hospital Board who fails to disclose his interest under subsection (7) of this section is liable to be removed from the Board.
(9) Subject to the provisions of this Act a Teaching Hospital Board shall regulate its own procedure.
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(1) There shall be appointed by the Board of a Teaching Hospital a Chief Administrator of the Hospital who shall be the chief executive and who shall be responsible for the execution of the policies and decisions of the Board and for the day-to-day administration of the Teaching Hospital.
(2) The Chief Administrator shall hold office upon such terms and conditions as shall be specified in his letter of appointment.
(3) Where the Chief Administrator is temporarily incapacitated from the performance of his functions under this Act the Board may authorise any senior employee of the Teaching Hospital to perform those functions for the duration of the incapacity.
(4) The Chief Administrator may, subject to the provisions of this Act, delegate to any senior employee of the Teaching Hospital any of his functions under this Act but he shall not be relieved of ultimate responsibility for the performance of the functions.
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(1) The Board of a Teaching Hospital may engage such employees as may be necessary for the proper and efficient conduct of the business and functions of the Board.
(2) The Board of a Teaching Hospital shall in consultation with the appropriate medical school, appoint the heads of such units of the Teaching Hospital as the Board may determine.
(3) A Teaching Hospital Board may engage the services of such consultants and advisers as may be necessary for the proper and efficient discharge of its functions on such terms and conditions as the Board of the Teaching Hospital may determine.
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(1) The Council and a Teaching Hospital Board shall as soon as possible after the expiration of each financial year but within six months and other after the end of the year, submit to the Minister an annual report covering the activities and the operations of the Service or the Teaching Hospital for the year to which the report relates.
(2) The annual report submitted under subsection (1) shall include the report of the Auditor-General.
(3) The Minister shall within two months after the receipt of the annual reports submit a report to Parliament with such statement as he considers necessary.
(4) The Council and a Teaching Hospital Board shall also submit to the Minister such other reports as the Minister may in writing require.
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(1) The Minister, on the recommendations of the Council or a Teaching Hospital Board, may by legislative instrument make such regulations as he considers necessary for giving effect to the provisions of this Act.
(2) Without limiting subsection (1) of this section regulations may as applicable provide for-
(a) procedure for disciplinary action including offences and penalties;
(b) further provision on the administration and management of specialised institutions;
(c) matters relating to acting appointments;
(d) posting, transfer, secondment and attachments;
(e) matters relating to leaving the Service;
(f) categories of persons or diseases exempted from health service charges;
(g) establishment of health training units for training of doctors and other health personnel;
(h) the role of other health regulatory bodies in relation to the Service;
(i) matters relating to traditional or alternate medicine.
(3) Until provision is made for the Service under this section, the Civil Service Regulations, 1960 (L.I. 47) applicable to the members of the Civil Service shall apply to members of the Health Services subject to the provisions of this Act until replaced by regulations made under this Act.
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For the avoidance of doubt the Service established under Part I of this Act shall not include persons employed by-
(a) teaching hospitals;
(b) hospitals, health stations, centres or clinics of-
(i) the Security Services;
(ii) religious bodies or other charitable institutions;
(iii) companies;
(iv) statutory corporations;
(v) private organisations or individuals or group of individuals.
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(1) Subject to Part II of this Act the assets, rights and properties of state hospitals and health stations of the Ministry of Health in existence immediately before the coming into force of this Act are hereby transferred to the Service.
(2) Any obligation or liability subsisting between any state hospital or health station which constitutes a part of the Service and any person immediately before the coming into force of this Act shall subsist between the Service and the person.
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In this Act unless the context otherwise requires-
"Board" means a Teaching Hospital Board continued in existence or established under Part II of this Act;
"Christian and Muslim religious groups" mean the Christian group-the National Catholic Secretariat, the Christian Council and the Pentecostal Council, the Muslim group-the Federation of Muslim Councils and Ahmadiyya Mission;
"health personnel" means professional health persons employed for the Ministry of Health being medical, dental, nursing, midwifery, pharmaceutical, paramedical staff and auxiliaries;
"health station" means any central or local government funded health post, health centre, health clinic or any other central or local government-funded medical station other than a hospital;
"hospital" means any government-funded hospital within the Service including a specialised institution;
"Minister" means the Minister responsible for Health;
"primary health care" means the approach to health care development aimed at focusing on the majority of health problems of the community with special emphasis on health promotion, disease prevention, community participation and inter-sectoral collaboration;
"primary health service" means clinical and public health services delivered at the community, sub-district and district levels by the Service;
"specialised institution" means health care facilities that manage specific diseases or health conditions such as a psychiatric hospital, leprosarium and cardiothoracic Unit;
"security services" means the Armed Forces, the Police Service, the Prisons Service, the National Fire Service, the Customs Excise and Preventive Service, the Immigration Service.
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