CHAPTER 151
PRIVATE HOSPITALS (REGULATION) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application of this Act and exemptions.

   3.   Interpretation.

PART II
APPOINTMENT OF OFFICERS AND RESTRICTION ON MANAGEMENT OF PRIVATE HOSPITALS

   4.   Appointment of Registrar and Assistant Registrars.

   5.   Restriction on management of private hospitals.

   6.   Power of Minister to approve organisations.

   7.   The Board.

   8.   Power of Board to approve persons.

   9.   Entitlement to practise for fees.

   10.   No fees recoverable unless persons or organisations approved.

   11.   Particulars of approved organisations to be registered and published.

   12.   Revocation of approval.

PART III
REGISTRATION OF PRIVATE HOSPITALS

   13.   Registration of private hospitals.

   14.   Duties of Registrar in relation to registered hospitals.

   15.   Cancellation of registration of hospitals.

PART IV
CONTROL OF FEES CHARGEABLE BY PRIVATE HOSPITALS IN RESPECT OF MEDICAL TREATMENT

   16.   Interpretation.

   17.   Power of Minister to determine price structures.

   18.   Decisions of Minister not subject to review by courts.

   19.   Publication of maximum prices.

   20.   Display of maximum prices.

   21.   Books of account and other records.

   22.   Issue of receipts.

PART V
REGULATION OF SCALES OF EMOLUMENTS PAYABLE TO MEDICAL PRACTITIONERS EMPLOYED AT PRIVATE HOSPITALS

   23.   Regulation of scales of salaries of medical practitioners.

   24.   Enforcement of statutory maximum salaries.

   25.   Records of salaries to be kept.

   26.   Agreements designed to evade this Act.

PART VI
GENERAL PROVISIONS

   27.   Inspection and search.

   28.   Offences by organisations.

   29.   [Amends R.L. Cap. 409.]

   30.   Regulations.

   31.   [Transitional provisions spent.]

CHAPTER 151
THE PRIVATE HOSPITALS (REGULATION) ACT

An Act to make provision to restrict the management of private hospitals to approved persons and organisations, to control fees and other charges payable in respect of medical treatment and other services rendered by private hospitals, to regulate scales of emoluments payable to medical practitioners employed at private hospitals, and to make other provisions for related matters.

[1st March, 1978]
[G.N. No. 24 of 1978]

Acts Nos.
6 of 1977
26 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Private Hospitals (Regulation) Act.

2.   Application of this Act and exemptions

   (1) Subject to the provisions of subsection (2), this Act shall apply to all persons concerned with the management of private hospitals, whether as owners or employees of the private hospitals:

   Provided that in the case of a private hospital which is in existence on the date of the enactment of this Act, the provisions of this Act shall not apply in relation to that hospital until the Minister has, by notice in the Gazette, specify the hospital and the date from which the provisions of this Act shall apply in relation to the hospital.

   (2) The Minister may, if in his opinion it is in the public interest to do so, by notice published in the Gazette, exempt from all or any of the provisions of this Act either absolutely or subject to such conditions as he may think fit any private hospital or any person.

   (3) Notwithstanding any provision contained in this Act to the contrary, a medical practitioner shall not be deemed to be in contravention of any requirement prescribed by or under this Act in respect of any thing done by him anywhere for the purpose of rendering medical treatment, free of charge, to any person–

   (a)   in an emergency situation; or

   (b)   who is a member of his household or under his control.

3.   Interpretation Act No. 26 of 1991">

   (1) In this Act, unless the context otherwise requires–

   "approved organisation" means an organisation approved by the Minister under section 6 to manage a private hospital in accordance with the provisions of this Act;

   "approved person" means a duly qualified medical practitioner or dentist approved by the Minister pursuant to Section 8 to manage a private hospital in accordance with the provisions of this Act;

   "Board" means the Private Hospitals Advisory Board established by section 7;

   "hospital" means any institution for the reception and medical treatment of persons who are injured, infirm or suffering from illness, and includes a dispensary, maternity home, clinic (whether mobile or not) and also any place or premises used for purposes of medical treatment, whether regularly or periodically;

   "medical officer" means a medical practitioner in the employment of the Government;

   "medical practitioner" means a person for the time being authorised to practise the medical profession by virtue of his being registered or licensed under the provisions of the Medical Practitioners and Dentists Act *;

   "medical treatment" includes dentistry, surgery, obstetrics, nursing, the administration of medicine, health counselling and the provision of any other service or the supply of any goods in connection with any of the matters specified in this definition, but does not included veterinary surgery;

   "Minister" means the Minister responsible for matters relating to medical and health services;

   "organisation" includes any society, association or other body of persons, whether or not incorporated under any written law, and also a person recognised as a corporation sole under the law for time being in force relating to corporations;

   "private hospital" means any hospital other than a public hospital;

   "public hospital" means any hospital which is within any one of the following descriptions–

   (a)   a hospital owned by Chama Cha Mapinduzi or any organisation affiliated to Chama Cha Mapinduzi;

   (b)   a hospital owned by the Government;

   (c)   a hospital owned by any corporation or company which is owned by the Government, either alone or jointly with any person or organisation, or which is owned by any subsidiary of any corporation or company of that description;

   (d)   a hospital owned by any organisation, the management of which is wholly or partly financed or materially aided from the public revenue;

   (e)   a hospital owned by any international organisation of which the United Republic is a member; and

   (f)   any other hospital which the Minister may, by notice published in the Gazette, declare to be a public hospital for the purposes of this Act.

   (2) For the purpose of enabling members of the public to distinguish between private hospitals of approved organisations and public hospitals the Minister may give directions in writing requiring all private hospitals to be identified by such means as he may prescribe in the directions and every approved organisation concerned shall comply with those directions.

   (3) In the interpretation or application of the provisions of this Act the following rules shall apply–

   (a)   a person shall be deemed to manage a private hospital if, for himself or on behalf of any other person, he actually renders or holds himself out as ready and willing to render medical treatment on payment to any person attending the hospital;

   (b)   medical treatment shall be deemed to have been rendered to a person at a private hospital irrespective of whether the treatment is rendered to him alone or jointly with other persons at a time and whether it is rendered to him on one or more occasions; and

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