CHAPTER 48
HEALTH LABORATORY TECHNOLOGISTS REGISTRATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The Health Laboratory Technologists Registration Regulations

REGULATIONS

THE HEALTH LABORATORY TECHNOLOGISTS REGISTRATION REGULATIONS

(Section 22)

[1st July, 1998]

G.Ns. Nos.
451 of 1998
101 of 2001

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These regulations may be cited as the Health Laboratory Technologists Registration Regulations.

2.    Interpretation

    In these regulations unless the context requires the otherwise–

    "Act" means the Health Laboratory Technologists Registration Act *;

    "Council" means the Health Laboratory Technologists Councils established under section 3 of the Act;

    "health laboratory technologist" means a person who is qualified to practise the health laboratory profession and who holds a certificate issued in accordance with the Act.

PART II
CONDITIONS PREREQUISITE TO REGISTRATIONS (regs 3-7)

3.    Prohibition on carrying out laboratory investigation unless registered

    (1) No person shall render health laboratory services in terms of carrying out laboratory investigations on specimens obtained from patients, clients or environment, unless that person has been approved and is registered by the Council in accordance with the provisions of these regulations.

    (2) Any person who contravenes or fails or refuses to comply with the provisions of subregulation (1) commits an offence.

4.    Qualifications, applications, and issue of certificates etc.

    Any person shall, on making an application to the Council and upon payment of prescribed fees in accordance to the Second Schedule, be entitled to–

    (a)    a temporary registration if that person intends to be employed in Tanzania in the capacity of a health laboratory technologist in a health laboratory or other institution and satisfies the conditions for registration as determined by the Council(s);

    (b)    be licensed as a health laboratory technologist and be issued with a certificate of registration, if the Council is satisfied that the person has sufficient qualifications, skills and experience of not less than three years in the practice of health laboratory investigations; or

    (c)    a provisional registration of not less than twelve months if that person has successfully completed a course of training as a health technologist of not less than three years' duration in a country in which there was at the material time a law for the certification or registration of health laboratory technologists and the Council is satisfied that the standard of that training is not inferior to the standard adopted by the Council;

    (d)    a full registration as a health laboratory technologist and be issued with a certificate of registration if that person–

        (i)    is a holder of a health laboratory technology diploma or any other qualification recognized by the Council as being equivalent to a health laboratory diploma offered in Tanzania from an Institution recognized by the Government and has, after attaining that diploma, worked in full time employment under the supervision of a duly registered health laboratory technologist in a recognized health laboratory for a period of not less than twelve months in that capacity or under circumstances which may satisy the Council that he has acquired sufficient practical experience for the efficient practice of health laboratory investigation in Tanzania; or

        (ii)    produces evidence to the satisfaction of the Council that, that person is certified or registered as a health laboratory technologist in any country; or

        (iii)    produces evidence to the satisfaction of the council that he is certified or has been and is still entitled to be certified or registered as health laboratory technologist in any country in which there was at the material time in force a law for the certification or registration of the health laboratory technologist and the Council is satisfied that the standard of training and examination required for that certification or registration in the said country is not inferior to the standard adopted by the Council;

        (iv)    produces evidence to the satisfaction of the Council, that the person is of good character.

5.    Conditions for registration of additional qualifications

    Any application under subsection (1) of section 8 of the Act by a health laboratory technologist for the insertion in the register of any additional diploma or qualification shall be made in writing to the Registrar and shall be accompanied by evidence of the award of the qualification in respect of which the person is seeking its registration.

6.    Notice of cancellation of registration in certain cases

    (1) Where under paragraph (1) of subsection (1) of section 4 of the Act the Registrar has written a letter to a registered health laboratory technologist inquiring whether he has ceased to practise or has changed his residence or has left Tanzania and has no intention of returning to practice or, where no answer has been returned to that letter within a period of six months, the Registrar may, by a registered letter addressed to the address appearing in the register, give notice to the health laboratory technologist that his name be removed from the register.

    (2) Notice of intention to remove the name of a registered health laboratory technologist from the register shall be deemed to have been served on the person concerned on the expiration of a period of thirty days from the date of the posting of the letter and immediately thereafter the Registrar shall erase the name of the health laboratory technologist from the register.

7.    Penalties

    Any person who contravenes any provision of these regulations shall upon conviction be liable to a fine of one hundred thousand shillings or to imprisonment for a term of one year to both that fine and imprisonment.

PART III
CODE OF CONDUCT (ETHICS AND SAFETY STANDARDS)
REGULATIONS (regs 8-9)

8.    Observation of Code of Conduct and Safety Rules

    All registered and licensed health laboratory technologists shall ensure that they observe the health laboratories technologists Code of Conduct and Health Laboratory Safety Rules set out in the First Schedule.

9.    Maintenance of quality control and assessment

    All registered and licensed health laboratory technologists shall be required to maintain internal quality control and external quality assessment practice pursuant to of subsection (1) of section 4 of the Act.

PART IV
INQUIRIES (regs 10-27)

10.    Complaints, inquiries and information

    (1) Any person may make complaints, inquiry or seek or send information to the Council on any matter or thing related to health laboratories or health laboratory technologists or on any matter or thing stipulated or covered in the Act or these regulations.

    (2) Where a complaint is made to or information is received by the Council that a health laboratory technologist has been convicted of any offence or has been found guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Registrar shall make a preliminary inquiry of the case and report to the Council in accordance with section 4(1)(j) and 6 of the Act.

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11.    Complaints to be in writing

    (1) Where a complaint is made by a person or body of person charging any health laboratory technologist with infamous conduct in a professional respect, that complaint shall be in writing and addressed to the Registrar stating the ground of the allegation and be accompanied with a declaration verifying the facts of the case.

    (2) If the complaint is made by or on behalf of the Government, that complaint need not be accompanied by a declaration as required under paragraph (1).

12.    Declaration

    A declaration referred to in section 11, shall state the address and description of the declarant, and where any fact stated in the declaration is not within the personal knowledge of the declarant, the information and the ground of his belief of its truth must be accurately and fully stated.

13.    Power of Registrar to seek information at preliminary inquiry

    (1) In the course of preliminary inquiry, the Registrar shall have power to ask the health laboratory technologist against whom the complaint is made or in respect of whom any information is received, for any explanation and may cause any further inquiry to be obtained and may obtain or seek any advice and assistance as he thinks fit.

    (2) The Registrar may in any case in which a complaint is made or information is received, and shall in any case where he seeks any explanation from the health laboratory technologist in question supply the health laboratory technologist with copies of the complaint or a summary of the information, as the case may be, and any particulars as will enable the technologist to make answers.

    (3) When the Registrar has completed his preliminary inquiry, he shall report to the Council and the Council shall determine whether or not to hold an inquiry.

    (4) If the council is of the opinion that no prima facie case for inquiry is made out against the health laboratory technologist, it shall direct the Registrar to inform both the health laboratory technologist and the complainant of the Council's intention not to hold an inquiry, in which case no further proceedings before the Council shall lie in respect of that complaint or information.

    (5) If the Council is of the opinion that a prima facie case for inquiry is disclosed, the Council shall direct that an inquiry be held.

    (6) The Registrar shall, at least seven days before an inquiry, provide each member of the Council with a copy of material documents pertaining to the inquiry which have been lodged with him.

14.    Representation at the inquiry

    (1) A complainant (if any) and the health laboratory technologist against whom the allegations are may be represented by an advocate at an inquiry held by the Council.

    (2) If there is no complainant the Council shall, with the consent of the Attorney-General, appoint a State Attorney to present the case against the health laboratory technologist.

    (3) Reference to a party in this regulation shall be deemed to include, wherever the context so admits, his respective advocate, any references to complainant shall be deemed to include an advocate or State Attorney appointed by the Council to present the case against the technologist.

15.    Notice of inquiry

    Where an inquiry has been directed to be held, notice of the inquiry in the manner set out in Form A in the Third Schedule to these regulations shall be served on the health laboratory technologist concerned and on the complainant by the Registrar and that notice shall specify the charge or charges in respect of which the inquiry will be held, and inform the health laboratory technologist and the complainant of the time and place appointed for holding the inquiry.

16.    Party to be supplied with information, explanation etc.

    Any party in an inquiry held pursuant to these regulations shall for the purpose of his defence or reply, and upon request in writing for that purpose to the Registrar, be entitled to be supplied by the Registrar with a copy of any statutory declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party.

17.    Exchange of information, materials etc.

    The parties in an inquiry may at any time prior to the date of holding the inquiry serve upon each other any materials to the complaint or information or defence, as the case may be.

18.    Summons and witness expenses

    (1) The Chairman shall issue summons in accordance with subsection (1) of section 6 of the Act and that summons shall be either in Form B or Form C set out in the Schedule with such variations as circumstances may require.

    (2) Witness expenses shall be at the rate currently in force for witnesses in the High Court, and shall be paid–

    (a)    where the witness is called by and on behalf of the Council, by the Registrar;

    (b)    where witness is called by or on behalf of the complainant, by the complainant; and

    (c)    where the witness is called by or on behalf of the technologist, by the technologist.

19.    Service of notice or documents

    Service of any notice or document required by these regulations shall be deemed to be effected–

    (a)    if served personally on the person to be served; or

    (b)    if sent by registered post addressed to him at his last known address in the register; or

    (c)    in the case of service of any notice or document on an complainant or the health laboratory technologist, if sent by registered post addressed to any advocate appointed by him and proof that such notice or document was served personally or was so addressed and posted shall be proof of service.

20.    Inquiry to be held in public

    The place where the inquiry is held shall be open to the public so far as the same can conveniently contain them provided that the Council, if it thinks fit may at any stage of the inquiry exclude any particular person or the public generally.

21.    Charges

    At the opening of the inquiry the charge or charges shall be read and, if the health laboratory technologist concerned is not present, the Council shall satisfy itself that notice of the inquiry was duly served on him as prescribed by these regulations.

22.    Proceedings at an inquiry

    (1) The complainant shall open the case and produce his evidence in support of it.

    (2) The Council shall then call upon the health laboratory technologist to state his case and produce evidence in support of it.

    (3) At the conclusion of the case by the health laboratory technologist, the complainant may address the Council in reply.

    (4) If the health laboratory technologist has not produced evidence in support of his case the complainant shall not, without the special leave of the Council, make an address in reply.

23.    Evidence

    (1) Evidence may be taken by the Council orally or by written statement and, if oral, shall be given upon oath or affirmation administered by the Chairman or, if written, shall be in the form of an affidavit or statutory declaration.

    (2) Where a witness is called by a party he shall be first examined by the party which called him and then cross-examined by the other party and then re-examined by the party which called him.

    (3) If a deponent to a document is present at the inquiry and refuses to submit himself to cross-examination the Council may refuse to admit his evidence.

24.    Questions by members of the Council

    Members of the Council may, through the Chairman, put any questions to the parties or witness as they think desirable.

25.    Adjournment, deliberation, etc. of the inquiry

    (1) Any stage of the inquiry the Council may adjourn consider any matter arising from the inquiry.

    (2) At the conclusion of the hearing the Council shall deliberate on the matter in camera.

    (3) No person other than a member of the Council shall be entitled to be present at any meeting of the Council during an adjournment or during its deliberation, except that the legal adviser shall always be present.

26.    Summary of proceedings to be taken at the inquiry

    (1) Summary of the proceedings of the inquiry, other than of the deliberations of the Council which are held in camera, may be taken by a person appointed for the purpose by the Chairman, and any party who appears at the proceedings shall be entitled to inspect the transcript, and the Registrar shall, upon request, supply to any person entitled to appeal against the decision of the Council, or to his advocate, to no other person, a copy of the transcript.

    (2) If no summary of the proceeding is taken, the Chairman or some member of the Council authorized by him in that behalf, or the Registrar, shall take a note of the proceedings, other than of the deliberations held in camera, and the provision of this rule as to the inspection and taking of copies shall apply to such note.

27.    Decision of the Council

    (1) The decision of the Council shall be signed by the Chairman under his own hand and shall be announced by him in public in any terms which the Council approves.

    (2) Any person aggrieved by the decision of the Council may appeal to the High Court.

FIRST SCHEDULE
CODE OF CONDUCT AND HEALTH LABORATORY SAFETY RULES

(Regulations 8 and 9)

A:    CONDUCT (ETHICS)

    A Health Laboratory Technologist shall–

    1.    Be dedicated to the use of clinical laboratory science to benefit mankind.

    2.    Actively seek to establish co-operation and specific working relationships with other health professionals.

    3.    Provide expert advice and counsel to other health professionals.

    4.    Maintain strict confidentially of patient information and test results.

    5.    Safeguard rights and privacy of patients.

    6.    Be responsible for the logical process from the acquisition of the specimens to the production of data and the final report of test results.

    7.    Be accountable for the quality and integrity of clinical laboratory service.

    8.    Exercise professional judgement, skill and care while meeting established standards.

    9.    Uphold and maintain the dignity and respect of the profession and strive to maintain a reputation of honesty, integrity and reliability.

    10.    Strive to improve professional skills and knowledge, and adopt scientific advances that benefit the patient and improve the delivery of test results.

B:    SAFETY RULES

    1.    Access to the laboratory must be restricted to authorised personnel only.

    2.    Eating, drinking, smoking and applying cosmetics are prohibited in the laboratory.

    3.    Mouth pipetting is prohibited.

    4.    Appropriate protective gear must be worn at all times when in the laboratory and whenever necessary.

    5.    The laboratory and working area must be kept clean and tidy and should only contain items necessary for the work carried out.

    6.    All work surfaces must be appropriately decontaminated at the end of each working day and after any spillage.

    7.    All staff must wash their hands after handling specimens and before they leave the laboratory.

    8.    Care must be taken to avoid the formation of aerosols or the splashing of material.

    9.    All contaminated or reusable materials must be appropriately decontaminated before disposal or reuse.

    10.    All accidents must be recorded and reported immediately and appropriate actions taken to prevent further occurrences.

    11.    Precaution against fire e.g. keeping fire extinguishers, buckets full of sand is mandatory in any laboratory.

    12.    First aid boxes must always be at hand and should be replenished regularly.

    13.    All staff working in laboratories must be adequately trained and retrained in all safety aspects of laboratory work.

SECOND SCHEDULE
FEES

[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]

(Regulation 4)

THIRD SCHEDULE
FORMS

(Section 16)

FORM A
NOTICE OF AN INQUIRY

FORM B
FORM OF SUMMONS TO GIVE EVIDENCE

FORM C
FORM OF SUMMONS TO PRODUCE DOCUMENT

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