CHAPTER 317 - MEDICAL AID SOCIETIES AND NURSING HOMES (DISSOLUTION AND PROHIBITION) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Medical Aid Societies and Nursing Homes (Exemption, Establishment and Operation) Regulations
MEDICAL AID SOCIETIES AND NURSING HOMES (EXEMPTION, ESTABLISHMENT AND OPERATION) REGULATIONS
[Section 10]
[Regulations by the Minister]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Organisations exempt or permitted to establish or operate nursing homes
4. Staff and services of nursing homes
5. Premises and facilities of nursing homes
6. Entry and inspection
7. Administrative Advisory Board
8. Fees
Act 13 of 1994,
SI 91 of 1990,
SI 118 of 1994.
These Regulations may be cited as the Medical Aid Societies and Nursing Homes (Exemption, Establishment and Operation) Regulations.
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In these regulations unless the context otherwise requires,
“appropriate professional medical body” means–
(a) the Medical Council of Zambia;
(b) the Pharmacy and Poisons Board; and
(c) the General Nursing Council.
3. Organisations exempt or permitted to establish or operate nursing homes
(1) The organisations set out in the Schedule to these Regulations are–
(a) exempt from the provisions of sub-section (1) of section 6; or
(b) are permitted to establish and operate a nursing home.
(2) Any person or organisation whose majority shareholders are Zambians may apply to the Medical Council of Zambia for permission to establish or operate a nursing home in accordance with these Regulations.
(3) A person or organisation exempted or permitted to operate or establish a nursing home under these Regulations shall be issued with a certificate of authority by the Medical Council of Zambia.
[Am by SI 118 of 1994.]
4. Staff and services of nursing homes
(1) Every nursing home shall appoint and employ personnel registered with the appropriate professional medical body to operate and provide service in that institution.
(2) Every nursing home shall publish a notice for the public at its premises outlining the services offered and the personnel available to provide such services.
(3) No nursing home shall publish the services and personnel referred to in sub-section (2) without the prior written approval of the Medical Council of Zambia.
[Am by SI 118 of 1994.]
5. Premises and facilities of nursing homes
(1) The premises of a nursing home shall be constructed in such a way and contain such equipment and machinery as shall be commensurate with the services it will provide.
(2) Every nursing home operating as a private hospital shall provide the following basic services and facilities:
(a) emergency and casualty services operating twenty-four hours;
(b) out-patient department;
(c) operating theatre facilities;
(d) laundry facilities;
(e) kitchen and catering facilities;
(f) laboratory and blood bank services;
(g) ambulance service;
(h) X-ray and other radiological facilities;
(i) mortuary and incinerator facilities;
(j) diagnostic equipment;
(k) pharmacy; and
(l) an efficient communication system.
(3) A nursing home other than that operating as a private hospital shall provide the following basic services and facilities–
(a) emergency and casualty services; and
(b) physiotherapy facilities and services.
(1) A person authorised by the Medical Council of Zambia may at all reasonable times enter and inspect any premises which are being used as a nursing home to ensure that the provisions of these Regulations are being complied with:
Provided that, nothing in this sub-section shall be deemed to authorise the Medical Council of Zambia to inspect any medical record of any patient.
(2) Any person who refuses to allow the Medical Council under sub-section (1) to enter and inspect any such premises shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding seventy five penalty units to imprisonment for a period not exceeding six months or to both.
[Am by Act 13 of 1994; SI 118 of 1994.]
7. Administrative Advisory Board
For the performance of its functions under these Regulations the Medical Council of Zambia shall constitute an Administrative Advisory Board on such terms and conditions as it may determine.
[Am by SI 118 of 1994.]
(1) A nursing home shall charge such fees as are commensurate with the services it provides.
(2) No fees shall be charged by a nursing home which have not been approved by the Medical Council of Zambia.
(3) The Medical Council shall by statutory order determine the fees payable for obtaining the certificate of authority referred to under regulation 3.
[Am by SI 118 of 1994.]
[Regulation 3]
Organisations exempted or permitted to establish and operate nursing homes:
1. Zambia Industrial and Mining Corporation and its subsidiaries.
2. Zambia National Provident Fund.
3. Zambia Consolidated Copper Mines Limited.
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