Medical Services Act[Chapter 15:13]

Chapter 15:13

Medical Services Act

Act 27/1998, 22/2001 (s. 4); S.I. 262/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

GOVERNMENT MEDICAL FACILITIES AND GOVERNMENTHOSPITALS

3. Provision of medical facilities.
4. Classification of Government hospitals.
5. Granting to private practitioners of privileges of access and appointment of consultants.
6. No choice of health practitioner at Government hospitals.
7. Accommodation of patients at Government hospitals.
8. Fees and charges at and admission to Government and State-aided hospitals.

PART III

MEDICAL AID SOCIETIES

9. Registration of medical aid societies.
10. Cancellation or registration of medical aid society.

PART IV

PRIVATE HOSPITALS

11. Minister’s approval required for establishment of private hospitals.
12. Prohibition against discrimination in exercise of right to admit patients.
13. Fees and charges payable at private hospitals.

PART V

GENERAL

15. Keeping of records and provision of information.
17. Existing medical aid societies deemed to be duly registered.

AN ACT to ensure the provision and maintenance of comprehensive hospital services in Zimbabwe; to provide for the admission of persons to Government hospitals and the fixing of fees in respect of services provided thereat; to provide for the granting to medical practitioners and dental practitioners of the privilege of access to certain Government hospitals and for the appointment of consultant medical and dental practitioners; to provide for the registration of medical aid societies; to set conditions for the registration of private hospitals and to provide for matters incidental to or connected with the foregoing.

[Date of commencement : 9th February, 2001.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Medical Services Act  [Chapter 15:13].

                       2    Interpretation

In this Act—

“dental practitioner” means a dental practitioner registered as such in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08];

“fixed date” means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act;

“Government hospital” means a hospital which is administered by the state or by a board or other body the majority of whose members are appointed by the Minister;

“health practitioner” means any person in respect of whose profession or calling a register is kept in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08];

“hospital” means any premises or part thereof used for the reception of and the providing of nursing for persons suffering from any illness or requiring medical care, whether or not such premises are also used for the treatment of outpatients, and includes— (a) a maternity home or ward; and

(b) any premises or part thereof used for the detention, care and treatment of persons who are mentally disordered or intellectually handicapped in terms of section 2 of the Mental Health Act, 1996;

“medical aid society” means an association or organization which accepts subscriptions from members or other persons wholly or mainly for the purpose of—

• paying any expenses incurred by such members or persons and additionally, or alternatively, their dependants or employees, in respect of medical or dental treatment;
• meeting the whole or part of any expenses incurred by such members or persons and additionally, or alternatively, their employees, in respect of medical or dental treatment;

“medical practitioner” means a medical practitioner registered as such in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08];

“medical service” means any service provided at a hospital, whether to persons admitted as in-patients or otherwise;

“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“private hospital” means a hospital which is not a Government hospital;

“private patient” means a patient of a private practitioner;

“private practitioner” means a health practitioner who is not in the full-time employment of the State;

“psychiatric unit” means any premises or part thereof referred to in paragraph (b) of the definition of

“hospital”;

“registered”, in relation to a medical aid society, means registered in terms of section nine;

“responsible authority”, in relation to a medical aid society or hospital, means the person, body or organization responsible for the establishment and management of the medical aid society or hospital, as the case may be;

“Secretary” means the Secretary for the Ministry for which the Minister is responsible;

“special hospital” means a hospital to which only patients suffering from a particular disease are admitted;

“State-aided hospital” means a private hospital whose responsible authority receives a grant from the State to cover the whole or part of the costs of administering the hospital;

“superintendent”, in relation to a Government hospital, means the person in charge of the hospital;

“teaching hospital” means a hospital which is used for the training of persons intending to be health practitioners and practitioners in associated or ancillary callings.