Ghana Health Service and Teaching Hospitals Act, 1996 Act 525

ACT 525
REPUBLIC OF GHANA
GHANA HEALTH SERVICE AND TEACHING HOSPITALS ACT, 1996 (ACT 525)
As amended by
GHANA HEALTH SERVICE AND TEACHING HOSPITALS (AMENDMENT) ACT,
2019 (ACT 1009)1
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT OF THE GHANA HEALTH SERVICE
Sub-Part I—The Service at the National Level
Section
1. Establishment of the Ghana Health Service
2. Membership of the Service
3. Objects and functions of the Service
4. Governing body of the Service
5. Functions of the Council
6. Tenure of office of members of the Council
7. Meetings of the Council
8. Allowances for members
9. Committee of the Council
10. Divisions of the Service at the national level
11. Director-General and his functions
12. Deputy Director-General
13. Directors of the Divisions
14. Appointment of other staff of the Service
15. Secretary to the Council

nd his functions
12. Deputy Director-General
13. Directors of the Divisions
14. Appointment of other staff of the Service
15. Secretary to the Council

16. Delegation of power of appointment
17. Minister to give directives
Sub-Part II—The Service at the Regional Level
18. Regional Health Committees and members
19. Functions of a Regional Health Committee
20. Regional Director of Health Services
21. Functions of a Regional Director
22. Divisions at regional level
Sub-Part III—The Service at the District Level
23. District Health Committees
24. Functions of a District Health Committee
25. District Director of Health Services
26. Functions of a District Director
27. Divisions at the district level
28. Subdistricts
Sub-Part IV—Internal Management of Hospitals in the Service
29. Medical Superintendent of hospitals in the Service
30. Hospital Administrators
31. Hospital House Management Committees
32. Health Station Management Committees
PART II—TEACHING HOSPITALS
33. Teaching Hospitals Boards continued in existence
34. Other Teaching Hospitals
35. Object and functions of a Teaching Hospital
36. Limitations on functions of a Teaching Hospital Board
37. Membership of a Teaching Hospital Board
38. Meeting of a Teaching Hospital Board
39. Chief Administrator of a Teaching Hospital
40. Secretary of a Teaching Hospital Board
41.

Hospital Board
38. Meeting of a Teaching Hospital Board
39. Chief Administrator of a Teaching Hospital
40. Secretary of a Teaching Hospital Board
41.

Other staff of a Teaching Hospital Board

Other staff of a Teaching Hospital Board

42. Committees of a Teaching Hospital Board
43. Functions of Finance Committee of a Teaching Hospital Board
44. Functions of a Technical and Planning Committee of a Teaching Hospital Board
45. Functions of a Staff Development and Disciplinary Committee of a Teaching Hospital
Board. 46. Disciplinary Committee of a Teaching Hospital
47. House Committee of a Teaching Hospital
48. Functions of the House Committee of a Teaching Hospital
PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
49. Funds of the Service and a Teaching Hospital
50. Annual estimates
51. Accounts and audits
52. Internal auditors
53. Annual report and other reports
54. Regulations
55. Scope of the Service
56. Transfer of assets and liabilities
57. Interpretation
58.

al auditors
53. Annual report and other reports
54. Regulations
55. Scope of the Service
56. Transfer of assets and liabilities
57. Interpretation
58.

Repeal
THE FIVE HUNDRED AND TWENTY-FIFTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE GHANA HEALTH SERVICE AND TEACHING HOSPITALS ACT, 1996
AN ACT to establish the Ghana Health Service, to provide for related matters including its
functions and membership; to provide for the administration and management of institutions
in the Health service including state-owned hospitals and health stations; to continue the
existence and operation of Teaching Hospitals and to provide for matters related to the
foregoing. DATE OF ASSENT: 30TH DECEMBER, 1996
BE IT ENACTED by Parliament as follows—
PART I—ESTABLISHMENT OF THE GHANA HEALTH SERVICE

related to the
foregoing. DATE OF ASSENT: 30TH DECEMBER, 1996
BE IT ENACTED by Parliament as follows—
PART I—ESTABLISHMENT OF THE GHANA HEALTH SERVICE

Sub-Part I—The Service at the National Level
Section 1—Establishment of Ghana Health Service. There is established by this Act the Ghana Health Service referred to in this Act as “the
Service”
Section 2—Membership of the Service
The Service shall comprise the following members—
(a) the health personnel in the employment of the Ministry of Health immediately before the
coming into force of this Act;
(b) any public officer other than health personnel employed in the Ministry of Health
immediately before the coming into force of this Act who may be seconded or transferred to
the Service;
(c) any public officer who may be transferred to the Service; and
(d) any other person who may be employed for the Service. Section 3—Objects and Functions of the Service. (1) The objects of the Service are to—
(a) implement approved national policies for health delivery in the country;
(b) increase access to improved health services; and
(c) manage prudently resources available for provision of health services.

livery in the country;
(b) increase access to improved health services; and
(c) manage prudently resources available for provision of health services.

(2) For the purpose of achieving its objects, the Service shall perform the following
functions—
(a) ensure access to health services at the community, subdistrict, district and regional levels
by providing health services or contracting out service provision to other recognised health
care providers;
(b) set technical guidelines to achieve policy standards set by the Ministry;
(c) plan, organise and administer comprehensive health services with special emphasis on
primary health care;
(d) develop mechanisms for the equitable distribution of health facilities distribution of health
facilities in rural and urban districts;
(e) manage and administer health institutions within the Service;
(f) contract with teaching hospitals for the treatment of referred patients;
(g) promote health, mode of healthy living and good health habits by people;
(h) establish effective mechanisms for disease surveillance, disease prevention and control;
(i) promote the efficiency and advancement of health workers through in-service and
continuing education;

urveillance, disease prevention and control;
(i) promote the efficiency and advancement of health workers through in-service and
continuing education;

(j) manage the assets and properties of the Service to ensure the most effective use of them;
(k) determine, with the approval of the Minister charges for health services rendered by the
Service;
(l) perform any other function that is relevant to the promotion, protection and restoration of
health. Section 4—Governing Body of the Service. (1) The governing body of the Service shall be known as the Ghana Health Service Council
referred to in this Act as "the Council". (2) The Council shall consist of—
(a) a chairman who shall be a person with considerable experience in management and
administration but who shall not be a Minister or a Deputy Minister;
(b) the Director-General of the Service appointed under section 11 of this Act;
(c) a representative of the Ministry of Health;
(d) a representative of the Ministry of Finance;
(e) a representative of the Ministry of Education;
(f) a representative of the Ministry of Local Government and Rural Development;
(g) a representative of the Health Workers Union of the T.U.C.; and
(h) five other persons who by their knowledge and experience can contribute to the work of
the Council, at least two of whom shall be women.

U.C.; and
(h) five other persons who by their knowledge and experience can contribute to the work of
the Council, at least two of whom shall be women.

(3) The Chairman and the other members of the Council shall be appointed by the President
in consultation with the Council of State. Section 5—Functions of the Council. The Council shall have general control of the management of the Service and shall—
(a) ensure the implementation of the functions of the Service;
(b) submit to the Minister recommendations for health care delivery policies and
programmes;
(c) promote collaboration between the Ministry of Health, the Teaching Hospitals and the
Service;
(d) advise the Minister on the qualification for posts in the Service; and
(e) advise the Minister on such other matters as the Minister may request. Section 6—Tenure of office of Members of the Council. (1) A member of the Council other than an ex-officio member shall hold office for four years
and shall on the expiration of that period be eligible for re-appointment for one further term
only.

x-officio member shall hold office for four years
and shall on the expiration of that period be eligible for re-appointment for one further term
only.

(2) Any member of the Council other than an ex-officio member may resign his office in
writing addressed to the President through the Minister. (3) A member may be removed by the President in consultation with the Council of State. (4) Where the office of a member of the Council other than an ex-officio member becomes
vacant before the expiration of his term of office or by his death, the Minister shall notify the
President of the occurrence of the event and the President shall, acting in consultation with
the Council of State appoint another person in his place to hold office for the unexpired
period of his term of office. (5) Where it appears to the President on the recommendations of the Minister that any
member of the Council is incapacitated by absence from Ghana or illness or any other
sufficient cause from performing the duties of his office the President shall appoint another
person to hold office in his place until such time as the President is satisfied that the
incapacity of that person has terminated or until the term of the member expires whichever
first occurs.

h time as the President is satisfied that the
incapacity of that person has terminated or until the term of the member expires whichever
first occurs.

(6) A member of the Council who is absent from three consecutive meetings of the Council
without sufficient cause shall cease to be a member. Section 7—Meetings of the Council. (1) The Council shall meet for the despatch of business at such times and at such places as the
Chairman may determine but shall meet at least once every two months. (2) The Chairman shall upon written request of not less than four members of the Council
including at least two persons appointed under section 4(2)(h) convene a special meeting of
the Council. (3) The quorum at a meeting of the Council shall consist of five members and shall include
the Director-General or the person acting in that capacity. (4) Every meeting of the Council shall be presided over by the Chairman and in his absence
by a member of the Council elected by members present from among their number. (5) Questions before the Council shall be decided by a simple majority of members present
and voting and in the event of equality of votes the person presiding shall have a second or
casting vote. (6) The Council may co-opt any person to act as an adviser at its meeting but no co-opted
person is entitled to vote at the meeting.

or
casting vote. (6) The Council may co-opt any person to act as an adviser at its meeting but no co-opted
person is entitled to vote at the meeting.

(7) The validity of the proceedings of the Council shall not be affected by a vacancy among
its members or by a defect in the appointment or qualification of a member. (8) Any member of the Council who has an interest in a contract or other transaction
proposed to be entered into with the Service shall disclose in writing to the Council the nature
of his interest and shall be disqualified from participating in any deliberations of the Council
in respect of the contract or other transaction. (9) A member who infringes subsection (8) of this section is liable to be removed from the
Council.

l
in respect of the contract or other transaction. (9) A member who infringes subsection (8) of this section is liable to be removed from the
Council.

(10) Except as otherwise provided for in this section, the Council shall regulate the procedure
for its meetings. Section 8—Allowance for Members. The Chairman and other members of the Council shall be paid such allowances as shall be
determined by the Minister in consultation with the Minister for Finance. Section 9—Committee of the Council
(1) The Council may for the discharge of its functions appoint committees comprising
members of the Council or non-members or both and may assign to these committees such
functions of the Council as it may determine. (2) Without prejudice to subsection (1) of this section, the Council shall appoint the following
committees; the chairman of which shall be members of the Council—
(a) Appointments and Promotion Committee; and
(b) Disciplinary Committee. (3) Subject to this Act, the Council shall determine the membership and functions of a
committee appointed under this section. Section 10—Divisions of the Service at the National Level.

l shall determine the membership and functions of a
committee appointed under this section. Section 10—Divisions of the Service at the National Level.

(1) The Council may with the approval of the Minister create such units or divisions within
the Service at the national level as it may consider necessary for the efficient discharge of the
functions of the Service and may with the approval of the minister abolish or re-organise any
unit or division. (2) Without prejudice to subsection (1) of this section, the Council shall establish the
following divisions—
(a) Public Health Division;
(b) Institutional Care Division;
(c) Policy, Planning, Monitoring and Evaluation Division;
(d) Health Administration and Support Services Division;
(e) Supplies, Stores and Drug Management Division;
(f) Human Resource Development Division;
(g) Finance division; and
(h) such other divisions as the Council may determine. (3) The Council shall determine the functions of the Divisions. Section 11—Director-General and His Functions. (1) There shall be appointed by the President in accordance with the advice of the Council
given in consultation with the Public Services Commission, a Director-General of the Service
who shall be the chief executive of the Service.

Council
given in consultation with the Public Services Commission, a Director-General of the Service
who shall be the chief executive of the Service.

(2) The Director-General shall be a person in the health profession with considerable
knowledge and experience in planning, organisation and management of the delivery of
health services. (3) The Director-General shall hold office on such terms and conditions as shall be specified
in his letter of appointment. (4) Subject to such general directives as the Council may give, the Director-General shall be
responsible for the direction of the work of the Service and for the day-to-day administration
of the Service and shall ensure the implementation of the decisions of the Council. (5) Without prejudice to subsection (4) of this section, the Director-General shall provide to
the Minister such technical advice as the Minister may require. (6) The Director-General shall co-ordinate work programmes and provide administrative
rules, guidelines and procedures to facilitate the achievement of targets set by the Ministry
and establish systems for effective collaboration and co-operation to avoid duplication and to
achieve harmonization of programmes within the Service.

and establish systems for effective collaboration and co-operation to avoid duplication and to
achieve harmonization of programmes within the Service.

(7) The Director-General may delegate such of his duties as he may determine to any officer
of the Service but the Director-General shall not be relieved from ultimate responsibility for
the discharge of any delegated function. Section 12—Deputy Director-General. (1) There shall be appointed by the President in accordance with the advice of the Council
given in consultation with the Public Services Commission a Deputy Director-General. (2) The Deputy Director-General shall hold office on such terms and conditions as shall be
specified in his letter of appointment. (3) The Deputy Director-General shall be responsible to the Director-General in the
performance of his functions under this Act. (4) The Deputy Director-General shall, subject to the provisions of this Act—
(a) assist the Director-General in the discharge of his functions and perform such other
functions as the Director-General may delegate to him; and
(b) be responsible for the direction of the Service when the Director-General is absent from
Ghana or is otherwise unable to perform his functions. Section 13—Directors of the Divisions.

of the Service when the Director-General is absent from
Ghana or is otherwise unable to perform his functions. Section 13—Directors of the Divisions.

(1) There shall be appointed for the Divisions created under section 10 of this Act Directors
who shall be the heads of the Divisions and who shall in the performance of their functions
be answerable to the Director-General. (2) A Director shall be appointed by the President in accordance with the advice of the
Council given in consultation with the Public Services Commission. Section 14—Appointment of Other Staff of the Service

ordance with the advice of the
Council given in consultation with the Public Services Commission. Section 14—Appointment of Other Staff of the Service

(1) The President shall in accordance with the advice of the Council given in consultation
with the Public Services Commission and on such terms and conditions as may be
determined, appoint for the Service such other staff and employees as may be necessary for
the proper and effective performance of the functions of the Service. (2) The staff of the Service shall subject to this Act perform such functions as the Council or
Director-General with the approval of the Council may assign to them. (3) Public officers may be transferred or seconded to the Service or may otherwise give
assistance to it. (4) The Council may engage the services of such consultants and advisers as it may upon the
recommendation of the Director-General, determine. Section 15—Secretary of the Council. (1) The Minister shall, acting in consultation with the Director-General designate an officer
of the Service as Secretary to the Council. (2) The Secretary shall arrange the business for and cause to be recorded and kept the minutes
of the meetings of the Council.

cretary to the Council. (2) The Secretary shall arrange the business for and cause to be recorded and kept the minutes
of the meetings of the Council.

(3) The Secretary shall also perform such functions as the Council or the Director-General in
consultation with the Council may assign to him and shall be assisted in the discharge of his
functions by such of the staff of the Service as the Council may on the recommendation of
the Director-General direct. (4) The Secretary shall in the discharge of his functions under this section be answerable to
the Director-General. Section 16—Delegation of Power of Appointment. The President may in accordance with article 195 (2) of the Constitution delegate his power
of appointment under this Part. Section 17—Minister to Give Directives. The Minister may issue directives in writing to the Council on matters of policy and the
Council shall comply with the directives. Sub-Part II—The Service at the Regional Level
Section 18—Regional Health Committees and Members. (1) Without prejudice to the power of the Council to appoint committees for the purposes of
this Act under section 9, there shall be appointed in each region a Regional Health Committee
which shall be a committee of the Council.

e purposes of
this Act under section 9, there shall be appointed in each region a Regional Health Committee
which shall be a committee of the Council.

(2) A Regional Health Committee shall comprise the following members—
(a) a chairman;
(b) the Regional Director of Health Service;
(c) a representative of the Regional Co-ordinating Council.

mprise the following members—
(a) a chairman;
(b) the Regional Director of Health Service;
(c) a representative of the Regional Co-ordinating Council.

(d) a senior health professional in the Service in the region;
(e) one representative each of the Christian and Muslim religious groups in the region;
(f) a representative of the Regional House of Chiefs; and
(g) two other persons resident in the region at least one of whom shall be a woman; being
persons who by reason of their interest in health matters and experience are capable of
contributing to the work of the Regional Health Committee. (3) The members of a Regional Health Committee referred to in subsection 2 (a), (d) and (g)
of this section shall be appointed by the Council in consultation with the Regional Minister. (4) Members other than ex-officio members shall hold office for a term of three years and
shall on the expiration of their term be eligible for re-appointment. Section 19—Functions of Regional Health Committee. (1) A Regional Health Committee shall—
(a) advise the Regional Director of Health Service in the performance of his functions and;
(b) perform such functions of the Council as the Council may assign to it in respect of the
region. (2) A Regional Health Committee shall regulate the procedure for its meetings.

f the Council as the Council may assign to it in respect of the
region. (2) A Regional Health Committee shall regulate the procedure for its meetings.

(3) The quorum at a meeting of a Regional Health Committee shall be the majority of the
total membership of the Committee. (4) A Regional Director shall designate an officer in the Service in the region as secretary to
the Regional Health Committee. (5) The secretary shall perform such functions as the Regional Director shall determine. Section 20—Regional Director of Health Service. (1) There shall be appointed for each region an officer to be known as the Regional Director
of Health Service referred to in this Act as “a Regional Director”. (2) A Regional Director shall be a person in the health profession with considerable
knowledge and experience in planning, organisation and management of the delivery of
health services. (3) Regional Directors shall be appointed by the President in accordance with the advice of
the Council given in consultation with the Public Services Commission. (4) The President may in accordance with article 195 (2) of the Constitution delegate his
power of appointment under this section. Section 21—Functions of a Regional Director.

accordance with article 195 (2) of the Constitution delegate his
power of appointment under this section. Section 21—Functions of a Regional Director.

(1) A Regional Director shall with the advice of the Regional Health Committee be
responsible for the implementation of the policies and decisions of the Council in the region.

all with the advice of the Regional Health Committee be
responsible for the implementation of the policies and decisions of the Council in the region.

(2) A Regional Director shall in the performance of his functions be answerable to the
Director-General on matters of health and to the Regional Minister on matters relating to
administration. Section 22—Divisions at Regional Level. (1) For the purposes of effective implementation of the functions of the Service there shall be
established by the Council in each region the following divisions of the Service—
(a) Clinical Division;
(b) Public Health Division;
(c) Administration Division; and
(d) such other divisions as the Council may determine. (2) The Divisions shall in the region perform such functions as the Council shall determine. Sub-Part III—The Service at the District Level
Section 23—District Health Committees. (1) There shall be appointed in each district a District Health Committee of the Service.

at the District Level
Section 23—District Health Committees. (1) There shall be appointed in each district a District Health Committee of the Service.

(2) A District Health Committee shall comprise the following members—
(a) a chairman;
(b) the District Director of Health Service;
(c) two representatives of the District Assembly;
(d) one representative each of the Christian and Muslim religious groups in the district;
(e) two health care personnel in the district one of whom shall be from the private sector;
(f) a representative of the Traditional Councils in the district; and
(g) two other persons at least one of whom shall be a woman. (3) Members referred to under subsection (2)(a), (e) and (g) shall be appointed by the Council
on the advice of the District Chief Executive. (4) Members other than ex-officio members shall hold office for a period of three years and
shall on the expiration of their term be eligible for re-appointment. Section 24—Functions of a District Health Committee. (1) A District Health Committee shall advise the District Director of Health Service in the
performance of his functions in the district and shall perform such functions of the Council in
the district as the Council may assign to it. (2) A District Health Committee shall regulate the procedure for its meetings.

nctions of the Council in
the district as the Council may assign to it. (2) A District Health Committee shall regulate the procedure for its meetings.

(3) The quorum at a meeting of a District Health Committee shall be the majority of the total
membership.

(3) The quorum at a meeting of a District Health Committee shall be the majority of the total
membership.

(4) A District Director of Health Service shall designate an officer in the Service in the
district as secretary to the District Health Committee who shall perform such secretarial
services as the District Director may determine. Section 25—District Director of Health Service. (1) There shall be appointed for each district a health professional to be known as the District
Director of Health Service referred to in this Act as "a District Director". (2) A District Director shall be a person in the health profession who has qualification in
public health. (3) The President may in accordance with article 195(2) of the Constitution delegate his
power of appointment under this section. Section 26—Functions of a District Director. (1) A District Director shall be responsible for the implementation of the policies and
decisions of the Council in the district. (2) A District Director shall in the performance of his functions be answerable to the
Director-General through the Regional Director in respect of health matters and to the
District Chief Executive on matters relating to administration. Section 27—Divisions at the District Level.

or in respect of health matters and to the
District Chief Executive on matters relating to administration. Section 27—Divisions at the District Level.

(1) There shall be established by the Council in each district the following divisions of the
Service—
(a) Clinical division;
(b) Public Health division; and
(c) such other divisions as the Council may determine. (2) The functions of the divisions shall be determined by the Council. Section 28—Subdistricts. For the purposes of effective health delivery, the Council may establish in each district such
health areas as it considers necessary on the advice of the Regional Director given after
consultation with the District Director and the District Chief Executive concerned. Sub-Part IV—Internal Management of Hospitals in the Service
Section 29—Medical Superintendent of Hospitals in the Service. (1) There shall be appointed for each hospital within the Service, a Medical Superintendent
who shall be the public officer in charge of the hospital with responsibility for ensuring the
execution and implementation of the decisions of the Council in the hospital. (2) A Medical Superintendent shall hold office upon such terms and conditions as shall be
specified in his letter of appointment.

cil in the hospital. (2) A Medical Superintendent shall hold office upon such terms and conditions as shall be
specified in his letter of appointment.

(3) In the temporary absence of a Medical Superintendent, the Regional Director may
authorise any senior health personnel at the hospital to perform the functions of the Medical
Superintendent. Section 30—Hospital Administrator. (1) There shall be appointed for each hospital within the Service, a Hospital Administrator. (2) A Hospital Administrator shall be responsible for the day-to-day administration of the
hospital and shall in the performance of his functions be answerable to the Medical
Superintendent. (3) A Hospital Administrator shall hold office upon such terms and conditions as shall be
specified in his letter of appointment. Section 31—Hospital House Management Committees. (1) There shall be appointed in each hospital within the Service a Hospital House
Management Committee hereafter referred to as "a Hospital Management Committee".

all be appointed in each hospital within the Service a Hospital House
Management Committee hereafter referred to as "a Hospital Management Committee".

(2) A Hospital Management Committee shall consist of the following members—
(a) the Medical Superintendent in charge of the hospital who shall be the chairman;
(b) the Hospital Administrator;
(c) the heads of clinical units where applicable;
(d) the head of nursing services;
(e) head of pharmacy;
(f) the head of finance; and
(g) two representatives of the Health Workers Union who shall hold office for a period of
three years subject to renewal. (3) A Hospital Management Committee shall—
(a) explain policies and directives of the Council to the employees of the hospital;
(b) develop measures to promote the co-ordination of activities of the units, if any, of the
hospital; and
(c) assist with the administration and management of the hospital. Section 32—Health Station Management Committee. (1) There shall be appointed in each health station within the Service a Health Station
Management Committee composed of—
(a) the head of the health station who shall be the chairman;
(b) two other health personnel of the Service in the area of the health station;
(c) another employee of the Service at the station who is not a health personnel; and

alth personnel of the Service in the area of the health station;
(c) another employee of the Service at the station who is not a health personnel; and

(d) two representatives from the communities in the sub-district area in which the health
station is situated nominated by the District Assembly of the area. (2) A Health Station Management Committee shall—
(a) explain the policies of the Council to the other employees of the station; and
(b) assist the head of the Health Station in the effective performance of his functions. PART II—TEACHING HOSPITALS
Section 33—Teaching Hospital Boards Continued in Existence. The Teaching Hospital Boards established under the Hospital Administration Law, 1988
(P.N.D.C.L. 209) are hereby, subject to this Act, continued in existence as bodies corporate
with perpetual succession, a common seal, power to sue and be sued in their corporate name
and power to acquire, hold and dispose of property and to enter into any contract or other
transaction. Section 34—Other Teaching Hospitals. (1) There shall be established for the purposes of the administration of each Teaching
Hospital established in this country, a board to be known as the Teaching Hospital Board for
the respective hospital.

administration of each Teaching
Hospital established in this country, a board to be known as the Teaching Hospital Board for
the respective hospital.

(2) A Teaching Hospital Board shall have perpetual succession and a common seal and may
sue and be sued in its corporate name. (3) A Teaching Hospital Board, shall, subject to the provisions of this Act, have power to
acquire and hold any movable or immovable property, to dispose of the property and to enter
into any contract or other transaction. Section 35—Objects and Functions of a Teaching Hospital. (1) The objects of a Teaching Hospital are—
(a) to provide advanced clinical health services to support the health services provided by the
Service;
(b) to serve as a training ground for undergraduate and post graduate training in the medical
profession; and
(c) to undertake research into health issues for the purpose of improving the condition of
health of people in the country. (2) Without prejudice to subsection (1) of this section a Teaching Hospital Board shall have
the following functions—
(a) determine the policies of the Teaching Hospital which shall be within the general policies
of government on health;
(b) ensure sound financial management of the hospital's funds;
(c) monitor and improve the quality of care at the hospital;

s
of government on health;
(b) ensure sound financial management of the hospital's funds;
(c) monitor and improve the quality of care at the hospital;

(d) assess periodically the adequacy of the resources, including personnel, physical facilities
and finances of the hospital;
(e) ensure the implementation of the policies, plans and programmes by the appropriate units
at the Teaching Hospital;
(f) co-operate fully with the hospitals in the Service;
(g) subject to the approval of the Minister determine the scale of fees to be paid by patients;
and
(h) appoint staff and determine their remuneration and benefits subject to the law and policies
for the time being in force on social security and salaries. Section 36—Limitations on Functions of a Teaching Hospital Board. (1) The functions of a Teaching Hospital Board under this Act shall be exercised subject to
such policy directives as the Minister may determine. (2) A Teaching Hospital Board shall not enter into a contract in respect of any movable or
immovable property or work or services for the hospital the total value of which exceeds in
any one financial year such sum as the Minister may determine. Section 37—Membership of a Teaching Hospital Board.

the total value of which exceeds in
any one financial year such sum as the Minister may determine. Section 37—Membership of a Teaching Hospital Board.

(1) The governing body of a teaching hospital is a Board consisting of—
(a) the following persons who are not members of staff of the teaching hospital:
(i) a chairperson with considerable experience in management and administration who is not
a Minister or Deputy Minister of State;
(ii) a legal practitioner of not less than ten years standing at the Bar;
(iii) a medical practitioner of not less than ten years standing as a clinician;
(iv) an allied health professional of not less than ten years experience;
(v) a pharmacist of not less than ten years standing; and
(vi) a nurse or midwife of not less than ten years standing;
(b) two representatives with considerable experience in health education and research, at least
one of whom is a woman, who are not members of staff of the teaching hospital nominated
by the University Council;
(c) one other person with considerable experience in finance and risk management who is
not a member of staff of the teaching hospital;
(d) a business person in the private sector with considerable experience in private sector
enterepreneurship; and
(e) the Chief Administrator of the teaching hospital, who shall be referred to as the "Chief
Executive Officer"[As substituted by the Ghana Health Service and Teaching Hospitals
(Amendments) Act, 2019; s.1]

o shall be referred to as the "Chief
Executive Officer"[As substituted by the Ghana Health Service and Teaching Hospitals
(Amendments) Act, 2019; s.1]

(2) The members shall be appointed by the President in consultation with the Council of
State. (3) A member of a Teaching Hospital Board other than an ex-officio member shall hold
office for a period of four years and shall on the expiration of the term be eligible for
reappointment. (4) A member of a Teaching Hospital Board may at any time resign his office by giving
notice in writing addressed to the President through the Minister and the President may at any
time remove a member of the Board from office in consultation with the Council of State. (5) Where the office of a member other than ex-officio member of a Teaching Hospital Board
becomes vacant, the Minister shall recommend another person to be appointed by the
President to fill the vacancy. (6) The members of a Teaching Hospital Board shall hold office on such terms and
conditions, including the payment of such allowances as the Minister may on the
recommendation of the Minister or Finance determine. Section 38—Meeting of a Teaching Hospital Board. (1) A Teaching Hospital Board shall meet at such times and at such places as the chairman
may determine, but shall meet at least once every month.

rd. (1) A Teaching Hospital Board shall meet at such times and at such places as the chairman
may determine, but shall meet at least once every month.

(2) The chairman shall preside at meetings of a Teaching Hospital Board and in his absence a
member of the Board elected by the members present shall preside. (3) Questions before a Teaching Hospital Board shall be decided by a simple majority of the
members present and voting and in the event of equality of votes the chairman or person
presiding shall have a second or casting vote. (4) The quorum at any meeting of a Teaching Hospital Board shall be six. (5) A Teaching Hospital Board may at any time co-opt any person to act as an advisor at any
of its meetings but no co-opted person is entitled to vote at the meeting on any matter for
decision before the Board. (6) The validity of the proceedings of the Board shall not be affected by a vacancy among its
members or by any defect in the appointment or qualification of a member.

of the proceedings of the Board shall not be affected by a vacancy among its
members or by any defect in the appointment or qualification of a member.

(7) Any member of the Board of a Teaching Hospital who has an interest, direct or indirect,
in any company or undertaking which has financial concern in any matter that is a subject for
the consideration of the Board shall disclose in writing to the Board the nature of his interest
and shall not participate in any discussion or decision of the Board relating to the matter. (8) Any member of a Teaching Hospital Board who fails to disclose his interest under
subsection (7) of this section is liable to be removed from the Board. (9) Subject to the provisions of this Act a Teaching Hospital Board shall regulate its own
procedure. Section 39—Chief Administrator of a Teaching Hospital.

bject to the provisions of this Act a Teaching Hospital Board shall regulate its own
procedure. Section 39—Chief Administrator of a Teaching Hospital.

(1) There shall be appointed by the Board of a Teaching Hospital a Chief Administrator of
the Hospital who shall be the chief executive and who shall be responsible for the execution
of the policies and decisions of the Board and for the day-to-day administration of the
Teaching Hospital. (2) The Chief Administrator shall hold office upon such terms and conditions as shall be
specified in his letter of appointment. (3) Where the Chief Administrator is temporarily incapacitated from the performance of his
functions under this Act the Board may authorise any senior employee of the Teaching
Hospital to perform those functions for the duration of the incapacity. (4) The Chief Administrator may, subject to the provisions of this Act, delegate to any senior
employee of the Teaching Hospital any of his functions under this Act but he shall not be
relieved of ultimate responsibility for the performance of the functions. Section 40—Secretary of a Teaching Hospital Board. (1) A Teaching Hospital Board shall appoint an officer to be designated as the Secretary to
the Board.

tion 40—Secretary of a Teaching Hospital Board. (1) A Teaching Hospital Board shall appoint an officer to be designated as the Secretary to
the Board.

(2) The Secretary shall be the secretary to the Board and shall perform such other functions as
may be assigned to him by the Board or the Chief Administrator. Section 41—Other staff of a Teaching Hospital Board. (1) The Board of a Teaching Hospital may engage such employees as may be necessary for
the proper and efficient conduct of the business and functions of the Board. (2) The Board of a Teaching Hospital shall in consultation with the appropriate medical
school, appoint the heads of such units of the Teaching Hospital as the Board may determine. (3) A Teaching Hospital Board may engage the services of such consultants and advisers as
may be necessary for the proper and efficient discharge of its functions on such terms and
conditions as the Board of the Teaching Hospital may determine. Section 42—Committees of Teaching Hospital Board. (1) A Teaching Hospital Board may appoint such committees as it may determine to assist in
the discharge of its functions and may delegate to the committee any of its functions as it may
think fit.

committees as it may determine to assist in
the discharge of its functions and may delegate to the committee any of its functions as it may
think fit.

(2) Without prejudice to subsection (1) of this section a Teaching Hospital Board shall for the
discharge of its functions under this Part appoint the following committees—
(a) a Finance and Administration Committee;
(b) a Technical and Planning Committee;
(c) a Human Resource Management Committee; and
(d) a Disciplinary Committee. (3) A Committee appointed under this section shall have a chairman who shall be a member
of the Board of the Teaching Hospital.

isciplinary Committee. (3) A Committee appointed under this section shall have a chairman who shall be a member
of the Board of the Teaching Hospital.

Section 43—Functions of Finance Committee of a Teaching Hospital Board. The Finance and Administration Committee shall—
(a) submit proposals for the hospital budget to the Board;
(b) advise the Board on fiscal matters and programmes for the Teaching hospital;
(c) monitor hospital revenue and expenditure and make recommendations to the Board;
(d) propose to the Board the scale of hospital fees;
(e) advise the Board on investment opportunities and methods for improving the funds of the
Teaching Hospital Board;
(f) submit quarterly and annual reports on the finance of the Teaching Hospital to the Board;
and
(g) perform such other functions as the Board may determine. Section 44—Functions of a Technical and Planning Committee of a Teaching Hospital
Board. The Technical and Planning Committee shall—
(a) advise the Board on the quality of medical care and the standard of skill required of the
technical staff of the Teaching Hospital;
(b) advise the Board on medical equipment and supplies requirements of the Teaching
Hospital;
(c) propose manpower structures and research programmes to the Board; and
(d) advise the Board on any other technical matter.

f the Teaching
Hospital;
(c) propose manpower structures and research programmes to the Board; and
(d) advise the Board on any other technical matter.

Section 45—Functions of Human Resource and Management Committee of a Teaching
Hospital Board. The Human Resource and Management Committee shall—
(a) advise the Board on measures to motivate staff and promote efficiency;
(b) propose manpower structures and requirements of the Board;
(c) propose plans and measures for staff development and training; and
(d) advise the Board on measures to create and maintain at the Teaching Hospital such
conditions as are conducive to the attainment of a high level of discipline by the staff. Section 46—Disciplinary Committee of a Teaching Hospital. The Disciplinary Committee of a Teaching Hospital shall investigate and report to the Board
such disciplinary matters as may be referred to it by the Board. Section 47—House Committee of a Teaching Hospital. Without prejudice to section 42 there shall be established in each Teaching Hospital a House
Committee composed of the following—

a Teaching Hospital. Without prejudice to section 42 there shall be established in each Teaching Hospital a House
Committee composed of the following—

(a) the Chief Administrator of the Teaching Hospital;
(b) the Director of Administration;
(c) the Medical Director of the Teaching Hospital;
(d) the Director of nursing services at the Teaching Hospital;
(e) the Director of general services of the Teaching Hospital;
(f) the Director of pharmacy;
(g) four persons being representatives of the clinical staff of the Teaching Hospital; and
(h) three representatives of the local Health Service Workers Union nominated by their
members. Section 48—Functions of the House Committee of a Teaching Hospital. The House committee of a Teaching Hospital shall—
(a) explain policies and directives of the Board to members of staff of the hospital; and
(b) assist the Chief Administrator of the hospital in the performance of his functions. PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
Section 49—Funds of the Service and a Teaching Hospital. The funds of the Service and a Teaching Hospital shall include—
(a) such money as may be provided by Parliament from the Consolidated Fund for the
Service or the Teaching Hospital;
(b) money derived from fees;
(c) gifts from any source; and
(d) money derived from investments. Section 50—Annual Estimates.

or the Teaching Hospital;
(b) money derived from fees;
(c) gifts from any source; and
(d) money derived from investments. Section 50—Annual Estimates.

(1) The Council and a Teaching Hospital Board shall submit to the Minister detailed budget
estimates for each financial year not later than three months before the end of the financial
year. (2) The Financial year of the Service and a Teaching Hospital shall be the same as the
financial year of the government. Section 51—Accounts and Audits. (1) The Council and the Board of a Teaching Hospital shall keep books of account and proper
records in relation to them and the account books and records of the Service and a Teaching
Hospital shall be in a form approved by the Auditor-General. (2) The accounts of the Service and a Teaching Hospital shall be audited by the Auditor
General within six months after the end of each financial year.

2) The accounts of the Service and a Teaching Hospital shall be audited by the Auditor
General within six months after the end of each financial year.

Section 52—Internal Auditors. (1) There shall be appointed by the President in accordance with the advice of the Council an
internal auditor for the Service who shall in the performance of his functions be answerable
to the Director-General. (2) A Teaching Hospital Board shall appoint an internal auditor who shall be answerable to
the Chief Administrator in the performance of his functions. (3) An internal auditor appointed under this section shall at intervals of three months prepare
a report on the audit carried out by him during the period of three months immediately
preceding the preparation of the report and submit the report to the Director-General or the
Chief Administrator as the case may be. (4) The Director-General and the Chief Administrator shall as soon as practicable after
receiving the report forward copies of it to the Chairman of the Council or the Chairman of
the Board of the Teaching Hospital. Section 53—Annual Report and Other Reports.

forward copies of it to the Chairman of the Council or the Chairman of
the Board of the Teaching Hospital. Section 53—Annual Report and Other Reports.

(1) The Council and a Teaching Hospital Board shall as soon as possible after the expiration
of each financial year but within six months and other after the end of the year, submit to the
Minister an annual report covering the activities and the operations of the Service or the
Teaching Hospital for the year to which the report relates. (2) The annual report submitted under subsection (1) shall include the report of the Auditor
General. (3) The Minister shall within two months after the receipt of the annual reports submit a
report to Parliament with such statement as he considers necessary. (4) The Council and a Teaching Hospital Board shall also submit to the Minister such other
reports as the Minister may in writing require. Section 54—Regulations. (1) The Minister, on the recommendations of the Council or a Teaching Hospital Board, may
by legislative instrument make such regulations as he considers necessary for giving effect to
the provisions of this Act.

eaching Hospital Board, may
by legislative instrument make such regulations as he considers necessary for giving effect to
the provisions of this Act.

(2) Without limiting subsection (1) of this section regulations may as applicable provide
for—
(a) procedure for disciplinary action including offences and penalties;
(b) further provision on the administration and management of specialised institutions;
(c) matters relating to acting appointments;
(d) posting, transfer, secondment and attachments;
(e) matters relating to leaving the Service;
(f) categories of persons or diseases exempted from health service charges;

, secondment and attachments;
(e) matters relating to leaving the Service;
(f) categories of persons or diseases exempted from health service charges;

(g) establishment of health training units for training of doctors and other health personnel;
(h) the role of other health regulatory bodies in relation to the Service;
(i) matters relating to traditional or alternate medicine. (3) Until provision is made for the Service under this section, the Civil Service Regulations,
1960 (L.I. 47) applicable to the members of the Civil Service shall apply to members of the
Health Services subject to the provisions of this Act until replaced by regulations made under
this Act. Section 55—Scope of Service. For the avoidance of doubt the Service established under Part I of this Act shall not include
persons employed by—
(a) teaching hospitals;
(b) hospitals, health stations, centres or clinics of—
(i) the Security Services;
(ii) religious bodies or other charitable institutions;
(ii) companies;
(iv) statutory corporations;
(v) private organisations or individuals or group of individuals. Section 56—Transfer of Assets and Liabilities.

mpanies;
(iv) statutory corporations;
(v) private organisations or individuals or group of individuals. Section 56—Transfer of Assets and Liabilities.

(1) Subject to Part II of this Act the assets, rights and properties of state hospitals and health
stations of the Ministry of Health in existence immediately before the coming into force of
this Act are hereby transferred to the Service. (2) Any obligation or liability subsisting between any state hospital or health station which
constitutes a part of the Service and any person immediately before the coming into force of
this Act shall subsist between the Service and the person. Section 57—Interpretation. In this Act unless the context otherwise requires—
"Board" means a Teaching Hospital Board continued in existence or established under Part II
of this Act;
"Christian and Muslim religious groups" mean the Christian group—the National Catholic
Secretariat, the Christian Council and the Pentecostal Council, the Muslim group—the
Federation of Muslim Councils and Ahmadiyya Mission;
"health personnel" means professional health persons employed for the Ministry of Health
being medical, dental, nursing, midwifery, pharmaceutical, paramedical staff and auxiliaries;

ional health persons employed for the Ministry of Health
being medical, dental, nursing, midwifery, pharmaceutical, paramedical staff and auxiliaries;

"health station" means any central or local government funded health post, health centre,
health clinic or any other central or local government-funded medical station other than a
hospital;
"hospital" means any government-funded hospital within the Service including a specialised
institution;
"Minister" means the Minister responsible for Health;
“primary health care" means the approach to health care development aimed at focusing on
the majority of health problems of the community with special emphasis on health promotion,
disease prevention, community participation and inter-sectoral collaboration;
“primary health service" means clinical and public health services delivered at the
community, sub-district and district levels by the Service;
“specialised institution" means health care facilities that manage specific diseases or health
conditions such as a psychiatric hospital, leprosarium and cardiothoracic Unit;
“security services" means the Armed Forces, the Police Service, the Prisons Service, the
National Fire Service, the Customs Excise and Preventive Service, the Immigration Service. Section 58—Repeals. The Hospital Administration Law, 1988 (P.N.D.C.L. 209) is hereby repealed.

Excise and Preventive Service, the Immigration Service. Section 58—Repeals. The Hospital Administration Law, 1988 (P.N.D.C.L. 209) is hereby repealed.

Date of Gazette Notification: 31st December, 1996.