Medical Services Act
- Commenced on 9 February 2001
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Medical Services Act [Chapter 15:13].
2. InterpretationIn 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—(a)paying any expenses incurred by such members or persons and additionally, or alternatively, their dependants or employees, in respect of medical or dental treatment;(b)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.
Part II – Government medical facilities and Government hospitals
3. Provision of medical facilitiesThe Minister shall as far as is reasonably possible—
4. Classification of Government hospitalsThe Secretary shall classify Government hospitals as—
5. Granting to private practitioners of privilege of access and appointment of consultants
6. No choice of health practitioner at Government hospitalsNo patient accommodated at any Government hospital, other than a private patient whose private practitioner has been granted the privilege of access to the hospital, shall have the right to the services of any specific health practitioner.
7. Accommodation of patients at Government hospitalsIn accommodating any patient in a ward at a Government hospital, the superintendent of the hospital shall, as far as is reasonably practicable, take into account any desire of the patient for privacy and have regard to the comfort and ease of the patient.
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 informationThe responsible authority of every medical aid society or private hospital shall keep and maintain such records and provide such information as the Secretary may, from time to time, in writing, require.
17. Existing medical aid societies deemed to be duly registeredAny medical aid society established before the fixed date and subsisting immediately before the fixed date shall be deemed to have been duly established and registered in terms of this Act.
History of this document
09 February 2001