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THE MUNICIPAL COUNCIL OF MAVOKO (MEDICAL FACILITIES)
BY-LAWS 2009
LOCAL GOVERNMENT ACT (CAP 265)
THE MUNICIPAL COUNCIL OF MAVOKO (MEDICAL FACILITIES) AMENDMENT BY-LAWS 2009
IN EXERCISE of the powers conferred upon it by Section 163 & 201 of the Local Government Act, the Municipal Council of Mavoko hereby makes the following By-laws:-
Citation (1) These By-Laws may be cited as the Municipal Council of Mavoko (Medical Facilities) Amendment By-Laws, 2009.
Interpretation (2) In these By-Laws, except where the context otherwise requires:-
“Council” means the Municipal Council of Mavoko;
“chairman” means the person for the time being elected to chair
the public health committee of the council
“permit” means a permit granted by the Council under the provisions of these By-laws;
“Premises” means premises to which the permit relates.
“maternity home” means any premises used or intended to be used for the reception of pregnant women or of women immediately after childbirth and for their medical care and nursing but does not include any premises maintained or controlled by a government department or municipality;
“medical officer of health” means the person for the time being holding the office of the Medical officer of Health of the Council and includes his deputy and/or the public health officer of the council;
“midwife” means a person registered in the register of nurses midwives and assistant nurses;
“nursing home” means any premises used or intended to be used for the reception of and the provision of medical care and nursing for persons suffering from any sickness injury or infirmity and includes a maternity home, but does not include premises maintained or controlled by a government department or municipality;
“pupil midwife” means a person who is undergoing training with a view to becoming a midwife, and for that purpose attending women in child birth, as part of a course of practical institutions in midwifery recognized by the nursing council;
“public health committee” means the duly constituted committee that handles public health matters of the council;
“qualified nurse” means a person registered in the register of nurses and midwives and assistant nurses;
“town clerk” means the Town Clerk of the Council;
Permit 3. No person shall, within the Municipality carry on a maternity home, nursing home or medical facilities unless he shall be in possession of a valid permit granted by the Council.
Form of 4. Such permit shall be in such form as shall from time to time be
permit determined by the Council and shall specify the premises to which it relates. Such permit shall expire on the 31st December of the year in which it relates. Such permit shall not be transferable from the holder therefore to any other person without the previous consent in writing of the Council.
Application 5. (1) Every application for such permit shall be made in writing of a permit and shall be addressed to the Town Clerk. Such application
shall set forth the name, address and occupation of the applicant together with a description of the premises in respect of which the application is made and their situation and particulars of the number of patients proposed to be accommodated on such premises and the number and qualifications of the persons proposed to be employed.
(2) Every application for renewal of any permit shall be made on or before the 15th day of October in each year. An application for the transfer of a permit may be made at any time.
Refusal to 6. The Council shall on the receipt of an application for a permit to issue permit carry on a nursing home or maternity home grant to the applicant
such permit provided that the Council may refuse to grant such permit if they are satisfied: -
(1) that the applicant or any person whether employed or proposed to be employed by him at such medical facility is not a fit person whether by reason of age or otherwise to carry on or to be employed at a nursing home or maternity home named in the application; or
(2) that for reasons connected with situation, construction site, repair, accommodation, staffing or equipment, such nursing home or maternity home or any premises used in connection therewith are not fit to be used for a nursing home or maternity home of such description as the nursing home or maternity home named in that application or that the premises proposed to be used for such nursing home or maternity home are in any way improper or undesirable for such purpose; or
(3) In case of nursing home that such nursing home is not or will not be under the charge of a person who is either a registered medical practitioner or a qualified nurse who is or who will be resident in such nursing home or that there is not or will not be a proper proportion of qualified nurses among the persons having superintendence of, or employed in the nursing of the patients in such nursing home;
(4) In the case of a maternity home the person who has or will have the superintendence of the nursing of the patients in such maternity home is either not a qualified nurse or certified mid-wife or that any person employed or proposed to be employed in attending any woman in such maternity home in childbirth or nursing any patient in such maternity home is not either a registered medical practitioner, a certified midwife, a pupil midwife or a qualified nurse.
Inspection 7. The Medical Officer of Health or any other officer authorized in writing by the Council in that behalf may at all reasonable times enter and inspect permitted premises and may also inspect any records required to be kept in respect of such premises;
Provided that nothing in these By-laws shall be deemed to permit the Medical Officer or any other authorized officer to inspect any medical record relating to a patient accommodated in the premises
Entry to 8. The Medical Officer of Health or any other officer authorized in premises writing by the Council in that behalf may at all reasonable times
enter and inspect any premises within the city which he has reasonable cause to believe are being used for the purpose of carrying on a nursing home or a maternity home.
Refusal to 9. (1) The Council shall before making an order refusing the
issue permit grant or renewal of a permit or canceling a permit give to the applicant or permit holder as the case may be not less than fourteen days notice of their intention to make such order and every such notice shall state the grounds on which the Council intend to make such order and shall contain an intimation that if within fourteen days of the receipt of the notice an applicant or permit holder informs the Council will before making the order give him an opportunity of showing cause in person or by representative why the order should not be made;
(2) if the Council after giving to the applicant or to the person registered an opportunity of being heard by them decide to refuse the application for registration or cancel the registration they shall make an order to that effect and shall send a copy of the order to the applicant or the person registered;
(3) A person aggrieved by an order refusing an application for registration or canceling any registration may appeal to the chairman who may give such directions as he thinks fit and the Council shall comply with any directions so given.
Cancellation 10. Subject to By-law 9 the Council may cancel any permit on the of permit following grounds:-
(1) that the permit holder is not complying with all or any of the provisions of these By-laws; or
(2) that the permitted premises do not conform with the provisions of these By-laws; or
(3) that the permit holder has been convicted of an offence against these By-law; or
(4) that the Council is of the opinion that the permit holder is not carrying on the medical facility in a fit and proper manner.
Mortuary and 11. (1) In every medical facility rooms shall be provided for use as incinerators a mortuary and incinerators. Such rooms:-
a. shall be within the precincts of the permitted premises and situated in such a position as may be previously approved by the council;
b. shall be constructed of brick, stone or concrete and its floor shall be constructed of concrete with a non-slip surface, and graded to a channel leading to a trapped gully; and
c. shall be provided with good and sufficient ventilation and with adequate means of lighting both natural and artificial;
(2) In the event of an operating theatre being provided, such operating theatre:-
a. shall be with at least one glazed window giving access to the open air and area of such window or windows in the event of more than one being provided shall be of a total area clear of the frames equal to and not less than 25 per cent of the floor area of such operating theatre;
b. shall be provided with a closed circuit air conditioning system together with permanent means of ventilation for use in the event of the air conditioning system failing to function;
c. shall have the floor constructed of cement concrete or other hard and impervious material and walls plastered and finished with a smooth surface painted with no less than three coats of good oil paint;
d. shall have adjacent to it not less than two sinks supplied with hot and cold water and such sinks shall be provided with either knee elbow or foot operated taps; and
e. shall be provided with an efficient alternative of artificial illumination for use in the event of failure of the main supply of electricity.
Keeping of 13. The permit holder shall keep a record of all persons received into records the permitted premises and of all operations carried out in the
permitted premises therein and on the lease of premises used as a maternity home. He shall also keep a record of:-
(1) all miscarriages occurring in the premises;
(2) all children born on the premises and
(3) all children born on the premises and who are removed there from otherwise than to the custody or care of a parent, relative or guardian.
Access to 14. The permit holder shall at all times permit the Medical officer of premises Health or other duly authorized officer of the Council free access
to all parts of the premises to which the permit relates so as to ascertain whether the requirements of these By-laws are being observed.
Admission 15. The permit holder shall not permit any larger number of persons to be accommodated on the premises to which the permit relates at any one time than is, permitted by the conditions of such permit.
Display of 16. The permit holder shall affix and maintain the permit in a
permit conspicuous position on the premises.
Maintenance 17. The permit holder shall maintain the permitted premises
of facility in good order and condition to the satisfaction of the Council and
in the event of his failure so to do the Council may cause a notice to be served upon the permit holder requiring him within the period specified in the notice to carry out such work as may in the opinion of the Council be necessary to put such premises into good order and condition and if the permit holder fails to do such work within the time specified in such notice he shall be guilty of an offence against these by-laws.
Penalty 18. Any person who contravenes or who fails to comply with any of the provisions of these by-laws shall be guilty of an offense and shall be liable on conviction to a fine not exceeding Two Thousand Shillings and in default of payment to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
Made by Order of the Municipal Council of Mavoko this day of 2009
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT