CHAPTER 63:05
PRIVATE HOSPITALS AND NURSING HOMES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Licensing of private hospitals

    4.    Use of term "hospital"

    5.    Application for licence

    6.    Classes of private hospitals

    7.    Refusal to renew licence and revocation of licence

    8.    Notice of grounds of refusal or revocation

    9.    Death of licensees

    10.    Transfer of licence

    11.    Resident superintendent

    12.    Register of patients etc.

    13.    Structural alterations

    14.    Inspection of private hospitals

    15.    Hospital restricted in terms of licence

    16.    Offences by body corporate

    17.    Burden of proof

    18.    Regulations

    19.    Restriction on number of patients

    20.    Penalties

Act 18, 1989.

An Act to regulate private hospitals, nursing homes and similar institutions and for purposes connected therewith.

[Date of Commencement: 1st November, 2001]

1.    Short title

    This Act may be cited as the Private Hospitals and Nursing Homes Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

    "house" means a building or other structure, whether permanent or temporary, intended for habitation by patients; and where two or more houses are situated on adjacent pieces of land and are occupied by the same person, they shall be deemed to constitute a single house for the purposes of this Act;

    "inspector" means an inspector appointed under section 14;

    "licence" means a licence issued under this Act to operate a private hospital, and "licensee" shall be construed accordingly;

    "maternity home" means any house used or intended to be used for the reception, treatment and confinement of pregnant women, or for the care and treatment of women immediately after childbirth;

    "medical practitioner" means a person registered as such in accordance with the provisions of the Botswana Health Professions Act (Cap. 61:02);

    "midwife" means a person registered as a midwife in accordance with the provisions of the Nurses and Midwives Act (Cap. 61:03);

    "nurse" means a person registered as a nurse in accordance with the provisions of the Nurses and Midwives Act;

    "private hospital" means a house where persons suffering from any sickness, injury or infirmity are given medical or surgical treatment, or nursing care, and includes a maternity hospital or home, a convalescent home, a nursing home or a rejuvenation centre, but does not include a hospital or other establishment or institution for the care and treatment of persons suffering from any sickness, injury or infirmity operated or maintained by the Government or by a local authority;

    "superintendent" means the person who has for the time being the direct and actual superintendence and charge of a private hospital;

    "treatment" means the accommodation, maintenance, observation, nursing, medical care or supervision of a patient.

    (2) Where by or under this Act any officer or member of the staff of a private hospital is required to be resident, it shall not be necessary that such person actually resides within the hospital, provided that he is on call and readily available.

3.    Licensing of private hospitals

    (1) The Minister may, subject to the provisions of this Act, grant a licence for the use of any house as a private hospital.

    (2) Except under the authority of a licence issued under this Act no house shall be used as a private hospital.

    (3) Where a house is used as a private hospital in contravention of this section, the owner or tenant and every person concerned in the management of the house or in the admission thereto or treatment of any patient therein shall be guilty of an offence.