Health Care Agency Act, 2013 (No. 10 of 2013)

2. Intcrprctation PART 11- HEALTH CARE AGENCY

3. Establishmcnt of the Hcalth CnrcAgcncy

4. Objcct of the Agency

5. FunctionsoftheAgency

6. PowcrofMinisterto issue policy directives to the Agency PART III- HEALTH CARE AGENCY BOARD

7. Establishment and composition ofthe Board

8. Functionsofthe Board

9. Procedures and proceedings of the Board

10. Committees PART IV - CHIEF EXECUTIVE OFFICER, OTHER OFFICERS AND STAFF OF THE AGENCY II . ChicfExecutivc Officer

12. Deputy ChiefExeclltivc Officer

13. Director of Seychelles J lospital 14. , 15. DirectorofCol11munity Hcalth Scrvices Officcrs and other staff of the Agency PART V - FINANCIAL PROVISIONS

16. FundoftheAgency

17. Fees and revcnue generated by IhcAgcncy • 458 Supplemellt to Official Gazette [18th November 20 I3] [18th November 2013] Supplemellt to OlJicial Gazelle 475

18. Accounts and audit (a) disclose th e nature of such interest before or at

19. Annual report a meeting onhc Board; and

20. Financial statcment (b) not take part in any deliberation or decision of PART VI - MISCF.LLANEotJS thc Board with respect to that matter.

21. Application of the Penal Code 8. Subject to the provisions ofthisAet, the Board shall Rcgulrltiol1 of pfoccc(liu£s

22. Protection of acts done ill good faith regulate its own proceedings.

23. Disclosurc of information

24. Regulations

25. Savings and transitional provisions I certify that this is a correct copy of the Bill which was

26. Transfer of property to the Agency passed by the National Asscmblyon 5th Novcmbcr, 20 I3. First Schcdule -Health Care Facilities Second Schcdulc -Procedures and procecdi ngs oftheBoard Azarcl Ernest" Clerk to the National Assembly ., . , 474 Supplell/elll to Official Gazelle [I Rth November 2013] [18th November 20 13] Supplell/cllito Official Gazelle 459 (4) The validity of a proceeding of the Board is not afTected by a vacancy among its members or a defect in the appointment or quali ficati on of a member. ~kc! i ngs of 3.(1 ) Subject to subparagraph (2), the Board shal llllee t BO;Jnl whenever necessary or expedient for the transaction or the Board's business and the meetings arc to be held at the places and times that the Board determines. (2) The Board shallmeetat least four times a year. HEALTH CARE AGENCY ACT, 20.13 (3) A quorum for a meeting orthe Board sh all be live (Act10 ol2013) members. Chairperson 4.(1) The Chairperson shall preside at a meeting or the tu preside ovcr meeting Board. J assent (2) In the absence of th e Chairperson, the members present shall elect from among themselves a mem ber who shal l ' presi de at the meeting orthe Board. Decisiol1 s of 5. The deci sions of the Board shall be taken by a J. A. Michel Bo.,rd Presi dent simple majority of votes of the members present and voting, and each me mber shall have one vote but in the event of all or equality votes, the Chairperson or other person presiding at the meeting shall have a casting vote. Power of 6.(1) The Board may co-opt a persOn to take part in its lloanlto AN ACT to establish a Health Care A[:cncy and to co-opt proceedings on a matter, where the Board is sati sfied that the provide for matters connected therewith or incidental experience or qualifications of that person are li ke ly to assist thereto. the LJoard on that malter. (2) A person co-opted under subparagraph (I) has no ENACI:EO by the Pres ident and the NationalAssembly. right to vote 011 any matter before the Board. PART) - PRELIMINARY Disclosure 7~ The Chairperson or a member of the Board who is 1. This Act may be cited 'IS the Health Care Agency of inlo.:rcSl Short title and directl y or indirectly interested in a matter being dealt with by Act, 2013 and shall come into operation on such date as the commencement the Board shall - . Mini ster niay, by Notice publi shed in the Gazelle, appoint. 460 SlIpplelllell!!O O.ljicial Gazelle [18th November 2013] [18th November 2013] Supplelllell!!O' Official Gazelle 473 In1erpretation 2. rn thisAct- SECOND SCHEDULE Section 9 "Agency" mcans thc Hcalth Carc Agcncy cstablished under section 3; Procedures and proceedings of the Boanl "Board" means the Health Care Agency Board I. Amember of the Boardsball.hold olTiee for a period Terms of ollil'(! establ ished under section 7; orthree years and is eligible for re-appointment but s hall nOl be of members "Chicf Executive Officer"' mcans the Chief eLigible to hold oHice for more than thrcc tcrms. Executive Officer appointed under section 11;

2.( I) The Chairperson or any member or the Board. may V:lcnlion of o[Ti<.:c "community hcalth carc facility" mcans a facil.ity resign from office by giving three months notice to tite spcci fled in Part B ofthe First Schcdule; Plresident "communily health care serv ices~' mealls priJl1ary (2) The President may remove the Chairperson or any health care services del ivered or providcd by a - membcr from office i r tbe President is satisfied that thc Chairperson or member, as tbe case may b.e~ (a) community health care facility; (a) is for whatevcJ' re.aS()1l incapahle of (b) pcrSOll employed by thcAgcney, ill thcemlZse performing the fU llCtiollS o.(his or hcr ollice; of that person's employment. at a plaoc@tlher than a community health care faei Iity; (b) has neglected hi s or her duties as the Chairperson or a I11cIl1bcr or is guilty of "Deputy Chief Executive Officer" means the misconduct; Dcputy Chief Executive OtTicer appointe€f under section 12; (c) is convictcd of an ofTenee and is scnteneed to a term of imprisonment of three months or "Director of Seychelles Hospita l" meaRS; the more ~ or Director of Seychelles Hospital appointed' under section 13; (d) is absent for three consecutive meetings orthe Board without prior leavc.of the ChaiqJcrson "Di rector of Community Health Services" means and in the case of the Chairperson, the Dircctor of Community Health Services apgointed Ministcr. under section 14; "esscntialmcdidncs" means medicines that:satisfy (3) Whe(e a member rcsigns or iSTcmoved frol11 office, thc priority health care needs of the population as or for whatever rcason. the oOiee ofa member becomcs vacant determincd by the Ministry; bcfore the expiry of the term of office of that mcmbcl', the President shall appoint a person to hold o ffiee: for the remaining "health care services" means primary. secOtrdary period of office orthat member and S'I1311 causc thc namc'0fthat and tel1iary health care services; person to be publish.e din the Gazelle. 472 Supplement to Official Ga~ette [18th November 201 3] [18th November 20 I3] Supplelllent to Official Ga~ette 461

FIRST SCHEDULE "Member" means a member of the Board; Section 2 "Minister" means the Minister responsible for Health Care Facili ties Health, and "Ministry" is construed accordingly; Part A "prescribed" means prescribed by regulations Seyc helles Hospita l made under section 24; Pa rt n "primary health care" means the basic level or promotive, preventive, diagnostic, curative or Com muni ty Hea lth Care Facilities rehabilitative health services provided by a health care professional at the first point of care, and I. AnseAux Pins Health Centre includes- 2. Anse Boileau Health Centre 3. Anse Royale Hospital and Health Centre (a) prevention, diagnosis and treatment or C011111100 ailments; 4. Baie Lazare Health Centre 5. Beau YaJlon Health Centre (b) emergency health care; 6. Beoliere Health Centre 7. English River Health Centre (e) reproductive and sexual hea lth service including f~lmily planning; 8. Glacis Health Centre 9. Gra nd Ansc Praslin Health Centre (eI) iml11unisations, pre-nata l care, parent at)d 10. La Digue Logan Hospita l child health services; II. Les MameJles Health Centre (c) individual or group health education and 12. MontFleuri Health Cenlre promotion services; 13. North East Point I-lome for the Elderly 14. Port Glaud Health Centre (I) laboratory. X-ray and other diagnostic 15. Praslin Hospilal and Health Centre servlc cs; 16. Silhouette Health Centre (g) nutrit ion education services; 17. Souvenir Health Centre 18. Takamaka Health Centre (h) health screening; 19. Youth Health Centre (i) home: bealth e~re; 462 SlIpplemellllu OjJicial Gazelle [18th November 20 13) [18th November 20 13] SlIpplemelll fa OJlieial Gazelle 471 0) dental care; (d) for.Board~committces; (k) environmental health and other public health (e) prescribing any matter required to be services; prescribed under this Act. (I) mental health services; 25.(1) All officers and other employees of the Ministry. Sa vings :md Ir:lll)iuonal whose duties involved the provision or delivery of health care provisillllS (m) physiotherapy and occupational thcrapy services, employed prior ro the commencement of this Act scrV1CCS~ shall be deemed to be ollicers and employees orthe Agency on conditions no less favourable than those subsisting prior to the "secondary health care" means the diagnostic, commencement of this Act. curative or rehabilitative health care, provided by specialist health care professionals at a health care (2) All agreements, deeds. bonds, arrangements facility alTering secondary health care to which a relating to the the provision of health care services to which the patient is referred by a primary or secondary health Government was a party, immediately prior to the coming care provider; into operation of this Act, shall continue in force as if the Agency had been a party to the deed, bond, ~1grCCI11Cnr, "Seychelles Hospital"- arn-Illgement at the commencement of this Act. (a) means the health care facility specified in Part A of the First Schedule which provides (3) Any suit or legal proceedings pending or which health care services and related services to have been instituted by or against the Government, patients admitted or referred to that facility; immediately before the commencement ofthis Act, and which and relate to the provision of health care services shall be continued or instiruted as if the Agency had been a party to the suit or (b) includes the health care facilities known as - proceeding, as from the commencement ol·thisAer. (i) Seychelles Hospital situated at Mont 26.( I) Any movable property vested in the Government Tmllsfcrur Fleuri, Mahe; immediately prior to the commencement of this Aet and used propcn y to tho! r\ gcne)' (i i) North East Point Hospital situated at or managed by the Ministry far the provision or delivery of North East Po int, Mahe; and health care services shall be transferred and vested in the Agency at the commencement orthis Act. (iiI) Wellness Centre situated at Les Cannelles,Mahe; (2) Where a question ariscs as to whether a particular movable property has been transferred to or vested in the "tertiary health care" means a specialised, highly Agency under subsection (I), a cert ificate under the hand oftbe technical level of health care for which a patient is Minister shall be conclusive evidence that the properly was or referred by a second,,,y heal til care provider. was not transferred or vested. 470 Supplemellt to ()(ficial Gazelle [1 8th November 2013] [ IRth Novembcr 20 13] SlIpplemen//o Official Gazelle 463 PART V I - M ISCELLANEOUS PART u- II EALTH CARE AGENCY AppliC>lliutl or 21. AIL members of the 130ard or Committees, the Ch ief J.( I) There is hereby establ ished for the purpose of this ESla bli~hlm'nl or the Pl'Jl:l1 (mil' Executive Onieer, the Deputy Chief Executive Onker, the Act, an agency to be known as thc Health Care Agency. the Ikahh em\! ;\gcm'Y Director of Seychelles Hospital, the Director of Comm un ity Health Services and onice rs and employees of the Agency (2) The Agency shall , by the name ass igned to it in shall be deemed to be employed in the public service for the subsection (I), be a ~ 0dy corporate with perpetual succession purpose of sections 9 1 to 96 ofthe Penal Code. and a common seal and may sue and be sued in its corporate name. Proteclion of 22. Any suit or other lega l proceedings shall not lie acts dOIle' in gooll nlilh against the Agency, Chairperson, members, officers or 4.(1) The principal objcct of the Agcncy is to promote, Object oflhc empl oyees of the Agency in respect of an act done or intended protect and restore the health of the public. Agency to be done in goodJf:lith in pursuance of this Act. €2) The Agency in carry ing out its object ives shall- Di ... dosure uf 23. A membe.-ofthe Board or a Co mmittee, the Ch ief illrOrtll~llioll Executive Officer, the Deputy Chief Executive Officer, the (i) take approp riate measures to prevcnt , treat Director of Seychelles Hospital, the Director of Commun ity and control illness and to prevent disability ll ea lth Services, an' officer, empl oyee or agent of the Agency, and dcath rcsu lting from ill ncss or other who without law[ull authority or reasonable excuse discloses, causes; and publishes or communicates to anothcr person any in fonnation acquired by reas(j},",ftheir ot1ice or employment, commits an (ii) meet the prescribed rcqu irem en ts and offe nce and is liable 0 11 conviction to a fine not exceed ing standards for the provision and dclivery of SCR20,000. health care services. Regulations 24.( I) The Minister may in consultation with the 130ard, 5. The functions oftheAgency are to- Functions or make regul ations for giving enect to the provisions ofthisAct. the r\:;cnc)' (2) Without prejudice to the gcncrality of subsectio n (a) plan, deliver and eval uate primary, secondary (I ), thc Minister may nnake regulations- and tcrtiary hca lth care services to the publi c in accordal1ccwith - (a) artlerrding the Schedules; (i) Government policies and programmes; (b) fl1'l~eribing fees and charges in connection with public health services other than primary (ii) requirements and standards for the I't€:lflrl care scrvices, provided or delivcred by the Agency; provision ordclivcry of such services; (c) pccscribing requircments and standa rds for (b) provide and ~eliver health care services the- wrovision or delivery of health ca re wit hin the avai la ble budget wh il e meeting Set;VlCCS by thcAgency; priority nceds ofthc population; • 464 Supplementta O.llicial Gaoelle [18th November 20 I 3] [ 18th November 20 I 3] Supplement to O.rlicial Gaoelle 469 (c) establish procedures and ensure- 1g.(I) The financial year of the Agency shall be the Accounts ;lIld audit calendaryear. (i) that the public has access to essential medicines and medical supplics as and when required; (2) The Agency shall maintain proper accounts and othcr rclcvant records and prepare a statement of accounts in (it) that medicines comply with the the form and manner approved by thcAuditor General. requirements under any other writtcn law; (3) Articlc 158 of thc Constitlltion shall apply 111 (d) establish and eva luate structures and respcct ofthe auditing ofthc accounts ofthcAgency. processes to improve the quality of health care; (4) Where' the accounts and statcment or accounts of the Agency in respect or any financial year h"s been :llldited, (c) promote research for the improvcment of the the Agency shall submit to the Minister and the Minister for health care services; Finance, a copy of the statement together with a copy of any report of the Auditor General on the accounts or statement of (I) participate in the development of Government accounts of the Agency. health policies and plans; (g) report accurately, comprehensively and in a 19. The Agency shall prepare, within three months Annual timcly manner, on the provision and delivery rl!port following every calendar year, an annual report giving full of health care services, to the Minister; aecollnt of its activities during the previous year and forward copics togcther with the statemcnt of accoullt auditcd under • (h)' develop annual plans for infrastructure, section 18 to the Minister and the Minister shall cause the equipment, human and financial resources; report to be tabled before the Nation:ll Assembly. (i) ensure the well-being and continuous proressional development of health care 20. The Agency shall prepare and submit to the Financial profcssionals; Minister and the Minister responsible for Fin:lIlee, at least 90 sta1ement days berore the beginning of each financiat year an annual Ul collaborate with non govcrnment institutions financial statement for the next financia1 year showing locally and abroad to provide and deliver separately- quality health care services; (k) cducate patients on their rights and (a) . thc expenditurc which is proposed to be met from internal sources of the Agency; and responsibilities relating to health care; (I) facilitate participation of the community and (b) the sum required rrom the government to meet other sectors in health planning and other expenses' distinguishing revenue evaluation; expenditure from other expcnditme . 468 Supplell/ellt to O/Jiciol Grceffe [18t h November 2013] [18th November 2013] Supplell/ellt to OOicial Gazelle 465 (2) Every employee of the Agency shall be Linder the (m) incrcasc the integration, adaprability and adm inistrative control of the Chic fExecutive Oflicer. responsiveness of the health system; and PART V - FINANCfAL PROVISIONS (n) perform such other functions as may be prescribed by the Minister. Fund of the 16.( I) The Agency shall function through the moneys Agency appropriated by the Appropriation Act subject to the provisions 6. The Min ister may give directions in writing to the Powcroflhc of this Act and be administered in the same manner and in ~Ijnislcr 1(1 Agency on malters of policy and general administration. i:-.~uc p()li~)' accordance with the same procedures applicable to the funds of directives \0 the public service and from which all payments by the Agency the "gew.:)' PART III - HEALTH CARE AGENCY BOARD shall be made. 7.( I) There is hereby established a Board to be known as E:.labli ..hlllcul (2) The fund of the Agency shall consist of- and the Health Care Agency Board consisting of 13 members CUtl1I>o:-.ilioll (a) moneys appropriated by an Appropriation appointed by the President by notice published in the G{/zette, urlhe BU:lrd Act, approved by the National Asscmbly for on such terms and conditions as the President may determ ine. the usc oftheAgcney; and (2) The Agency shall be administered by the Board (b) moneys received by the Agency by way of which shall consislof- grants, donations and gifts from any legal source, whether domestic or foreign. (a) a Chairperson and 8 Members qualified and having experience in the fields of health (3) The fund of the Agency may beapplied for- services management, clinical governance, • governance and compliance, financial {a) the payment or discharge of expenses, debts management, business administration, and other obligations incurred in the human resources development, law or any performance of the functions of the Agency; other relevant field; and and (b) the payment ofrcmuncration to the members (b) the Chief Executive Officer, the Deputy Chief of the Board and officers and employees of Executive Oflicer, the Dircctor of the the Agency. Seychelles Hospital, and the Director of the Community Health Services who shall be ex f~cs lind 17.( I) The Agency may charge fees at prescribed rates, for ojjieio members of the Board. Rc\'clluC g..::ncr<ll..::u health care services other than primary health care services, by /\gcnry · provided or delivered by it. (3) The Members appointed to the Board under subsection (2) (b) shall have no right to vote at any proceedings (2) The moneys received by the Agency by way offees ofthe meetings of the Board. or charges for services provided by the Agency shall be paid into the Consolidated Fund. H. The funct ions of the BOlrd arc to- FUllclions 0,)1' the BlKtrll 466 SupplemclI//o Official Gazelle [18th November 2013] [18th November 10 13] Supplemell//o Official Gazelle 467 (a) provide direction to the Chief Executive (b) perform the functions of1he Chief Executive Officer for the effective performance, Officer whenever the ChiefExecutive Officer functions and disch3rge of his or her duties; is un3ble to do so. (b) set perfonnance targets in consultation with 13.(1) The Minister sh311, in consuit3tion with the Board, Director I)r the Minister and monitor the Agency's Sc)'chl'lks appoint a person who is suitably qualified and experienced to Hospil;J1 performance and progress of the targe ts. be the Director of the Seychell es Hospital, on such terms and condi ti ons as the Minister may determine. Procedures ilnd 9. The Second Schedule has efTect with respect to the proceedings of the Board procedurcs and proceedings of the Board. (2) The Director of Seychelles Hospital sh3'l1 have Committees overall responsibility for the day to day operation of the 10.( I) There sha ll be Committees of the Board to review, Seyche ll es Hospital and for planning. directing and monitor and evaluate spec ific strategic issues, as prescribed. coordinating the provision and dclivel), ofhealtb care services PART IV - CHIEF EXECUT!VE OFFICER, OTHER by the Seychelles Hospital. OFFICERS AND STAFF OF THE AGENCY (3) The Director of Seychelles Hospit31 shall be Chief 11.( I) The President shall appoint 3 person to be the Chicf responsible to the Chief Executive Officer, for the performance Executive onkcr Executive Officer oftheAgency, on such teni,s and conditions of his or her functions under this Act. as the President may detenlline. 14.( I) The Minister sha ll. in consultation with the Board, Director uf (2) The Chief Executive Oflieer shall be appointed for COllllllunity appoint a person who is suitably qualified and experienced to ~kallh a tenll ofthree years and be eligible for re-appointment. be the Director of Community Health Services, on stich tcrms SC fVICl'S 3nd conditions as the Minister may determi nc. (3) 'The Chief Executive Officer sha ll be responsible for the admin istration and management of the day-to-day (2) The Director of Community Health Services shall operations of tbe Agency in accordance with the directions of have overa ll responsibility for the provision 3nd delivery of thc Board. community health care services by the hcalth care faci liti es providing such services. Deputy Chief 12.(1) The President shall appoint a person to be the excculi\'c OO'ker Deputy Chief Executive Officer oftbe Agency, on such terms (3) The Director of Community Health Services shall 3nd conditions as the President may determine. be responsible to the Chief Executive Officer, for the performance of his or her functions under this Act. (2) The Deputy Ch ief Executive Officer shall be responsible to the Chief Executive Officer for the performance 15.( I) The Agency sh311 employ officers and other GOicers and of his or her funct ions under this Act and shall- olher slan- of members of staff as arc reason3bly nccessary for the effective the Ag~'ncy (a) perform the functions conferred on the perform3nce of the Agency's functions, on such terms and Deputy Chief Executive Officer by the Chief conditions determincd by (he Agency and subject to Execut ive Officer; and procedures ap plicable to employees ot'public bodies.