Tanzania
Private Health Laboratories (Regulation) Act
Chapter 136
- Published in Tanzania Government Gazette
- Commenced on 1 December 1997
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Private Health Laboratories (Regulation) Act.2. Application
This Act shall apply to all private health laboratories, approved persons and to any other person engaged in the management of a private health laboratory, whether as an owner or as an employee of that private health laboratory.3. Interpretation
In this Act, unless the context requires otherwise–"approved person" means a registered health laboratory technologist or a pathologist approved by the Board to manage a private health laboratory in accordance with the provisions of this Act;"Assistant Registrar" means Assistant Registrar appointed under section 8 of this Act;"Board" means the Private Health Laboratories Board established under section 4 of this Act;"Minister" means the Minister responsible for matters relating to medical and health services;"pathologist" means a medical practitioner who holds/possesses a post graduate qualification in either clinical chemistry, haematology, histopathology, microbiology with parasitology and registered with the Medical Practitioners and Dentists Ordinance;"private health laboratory" means any health laboratory registered by the Board to provide private health laboratory services in accordance with this Act;"private health laboratory services" means services provided by a health laboratory to an individual and the community and includes chemistry; haematology and blood transfusions; histopathology and cytology; microbiology and immunology; parasitology and medical entomology and research, health education and the provision of laboratory investigations supplies;"registered health laboratory technologist" means any duly qualified person who is for the time being authorised to practise the health laboratory profession by virtue of that person being registered or licensed under the provisions of the Health Laboratory Technologists Registration Act 1;"Registrar" means the Registrar of Private Health Laboratories appointed under section 8 of this Act.Part II – Establishment and functions of the Board (ss. 4-8)
4. Establishment of Board
5. Functions of Board
The functions of the Board shall be—6. Power of Board to approve persons and set fees
7. Revocation of certificate of registration
The Board may at any time and after assigning reasons, revoke any certificate of registration issued to a private health laboratory or to an approved person in accordance with section 7 if the Board is satisfied that the approved person—8. Sources of funds of Board
Part III – Appointment of Registrar and management of private health laboratories (ss. 9-12)
9. Appointment of Registrar and Assistant Registrar
10. Duties of Registrar in relation to registered private health laboratories
11. Registration and publication of particulars of approved persons
12. Restriction on management by private health laboratories
Part IV – Registration of private health laboratories (ss. 13-15)
13. Identification of private health laboratory
14. Registration of private health laboratories
15. Cancellation of registration of private health laboratories
Part V – General provisions (ss. 16-21)
16. Inspection and search
17. Offences by approved persons
Where any offence under this Act or any regulations made under it is committed by approved persons every persons charged with or concerned or acting in, the management of the affairs or activities of the private health laboratory shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly, unless that person proves to the satisfaction of the court that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.18. Regulations
The Board may, after consultation with the Board, make regulations for the better carrying out of the purposes and provisions of this Act, and, without prejudice to the other provisions of this Act may make regulations—19. Entitlement to practise for fees
Every approved person and every private health laboratory shall, subject to this Act, be entitled to demand, sue for, and recover in any court of competent jurisdiction with full costs of suit, reasonable charges for professional aid, advice and visits, and the value of any private health laboratory professional service or appliances supplied.20. No fees recoverable unless approved person or private health laboratory is registered under this Act
No person shall be entitled to recover any charge in any court by way of claim, counter claim, set off or otherwise for any professional advice, attention or for the performance of any private health laboratory service as or by a private health laboratory service as prescribed or supplied within Tanzania unless that person or the private health laboratory, is at the time, approved and registered as such under this Act.21. Appeal
Any person who is aggrieved by the decision of the Board in the performance of its functions under this Act may appeal to the High Court.History of this document
31 July 2002 this version
Consolidation
01 December 1997
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Private Health Laboratories (Conditions Pre-requisite to Registration and Management) Regulations, 1998 | Government Notice 399 of 1998 |
Documents citing this one 3
Legislation 2
1. | Plant Protection Act | 2 citations |
2. | Private Health Laboratories (Conditions Pre-requisite to Registration and Management) Regulations, 1998 |
Judgment 1
1. | Magu District Council & Another vs Mhande Nkwabi [1997] TZHC 19 (16 October 1997) |