National Health Act, 2015
Act 2 of 2015
- Published in Government Gazette 5742 on 20 May 2015
- Assented to on 22 April 2015
- Not commenced
- [This is the version of this document from 20 May 2015 and includes any amendments published up to 17 November 2023.]
Part 1 – PRELIMINARY
1. DefinitionsIn this Act, unless the context indicates otherwise -“Advisory Committee” means the National Health Advisory Committee established by section 3(1);“Allied Health Professions Act” means the Allied Health Professions Act, 2004 (Act No. 7 of 2004);“Allied Health Professions Council” means the Allied Health Professions Council of Namibia established by section 3(1) of the Allied Health Professions Act;“chief health officer” means the person referred to in section 20(1);“district health board” means a district health board established by section 13(1);“district health office” means a district health office contemplated in section 19(1);“district health officer” means the person in-charge of a district health office;“environmental health practitioner” means a person registered as an environmental health practitioner under the Allied Health Professions Act;“head of health services” means an environmental health practitioner appointed by a local authority as such as contemplated in section 22;“health practitioner” means a person registered or enrolled, as the case may be, under -
2. Responsibility for health
Part 2 – NATIONAL HEALTH ADVISORY COMMITTEE
3. National Health Advisory Committee
4. Tenure of office of members of Advisory CommitteeA member of the Advisory Committee holds office for a term of three years and is eligible for re-appointment at the expiry of that term.
5. Vacation of office and filling of vacancies
6. Procedure at and meetings of Advisory Committee
7. Remuneration and expenses
Part 3 – REGIONAL HEALTH BOARDS, DISTRICT HEALTH BOARDS, REGIONAL HEALTH OFFICES AND DISTRICT HEALTH OFFICES
8. Regional health boards
9. Tenure of office of members of regional health boardA member of a regional health board holds office for a term of three years and is eligible for re-appointment at the expiration of that term.
10. Vacation of office and filling of vacancies
11. Procedure at and meetings of regional health board
12. Remuneration and expenses
13. District health boards
14. Tenure of office of members of district health boardA member of a district health board holds office for a term of three years and is eligible for re-appointment at the expiration of that term.
15. Vacation of office and filling of vacancies
16. Procedure at and meetings of district health board
17. Remuneration and expenses
18. Regional health offices
19. District health offices
Part 4 – ADMINISTRATION
20. Appointment of chief health officer and other staff members
21. Acting as local authority outside local authority area
22. Local authority to appoint head of health servicesEvery local authority council must appoint, on the written approval of the Minister, an environmental health practitioner as head of health services of the local authority.
23. Duties of head of health servicesEvery head of health services must -
24. District health officers to be heads of health services in respect of certain areas
25. Local authority council to appoint environmental health practitionersEvery local authority council must appoint, after consultation with the Minister, one or more environmental health practitioners to assist, subject to the supervision of the head of health services, in carrying duties under this Act and any other law governing public and environmental health within its area.
26. Removal from office of head of health services or environmental health practitioner
27. Minister may appoint head of health services or environmental health practitioner
28. Combined appointmentsNothing in this Act or any other law contained is construed as precluding any person from holding at the same time an appointment as -
29. Defaulting local authorities
Part 5 – ESTABLISHMENT AND MANAGEMENT OF STATE HOSPITALS, STATE HEALTH SERVICES AND HOSPITAL SERVICES
30. Establishment and closure of state hospitals and state health services
31. Taking over of private hospital as state hospital
32. Taking over of private health service as state health service
33. Minister to be responsible for state hospitals and state health services
34. Appointment of superintendent
35. Establishment of hospital servicesThe Minister may establish and maintain the following hospital services subject to conditions that he or she prescribe -
36. Amenities and services for hospital staff and patientsThe Minister may establish or provide amenities and services which he or she may consider necessary or useful for the convenience of and the use by the staff or patients of a state hospital out of moneys appropriated by law for such purpose, subject to conditions that the Minister may prescribe.
37. Services to other institutionsThe Minister may make available to any health or other institution, supplies of any medicine, medical substance, preparation or hospital equipment and apparatus at a state hospital or a state health service, subject to conditions that the Minister determine.
38. Inspection of state hospitals and state health servicesThe Permanent Secretary or an inspector designated under section 39, may at all reasonable times inspect any state hospital or a state health service, for the purpose of ascertaining whether this Act is being complied with or for such other purpose as the Permanent Secretary may determine.
39. Designation and duties of inspectors of state hospitals and state health services
Part 6 – ACCESS AND ADMISSION TO AND TREATMENT IN STATE HOSPITALS AND STATE HEALTH SERVICES
40. Access to state hospital or state health service
41. Admission of in-patients to state hospital
42. Assignment of ward, section and bed on admissionOn admission of a person to a state hospital as an in-patient, the superintendent or any other person duly authorised by the superintendent -
43. Transfer of state patients to other hospitals
44. Accommodation of person accompanying patientThe superintendent -
45. State patients not to engage private health practitioners without prior approval
46. Private health practitioners not to practise in state hospital or state health service without authorisation
Part 7 – CLASSIFICATION OF AND FEES PAYABLE BY PATIENTS RECEIVING TREATMENT AT STATE HOSPITALS AND STATE HEALTH SERVICES
47. Classification of patients at state hospitals
48. Minister to prescribe fees
49. Agreement of undertakingThe Minister may enter into an agreement with any government, organisation, company or person where the government, organisation, company or person undertakes to pay for the treatment or health services rendered to any person by a state hospital or a state health service at tariff of fees and subject to conditions as may be agreed between the parties to the agreement.
50. Payment for transportation and treatment of emergency cases
Part 8 – FINANCIAL ASSISTANCE FOR SPECIAL MEDICAL TREATMENT OF STATE PATIENTS
51. Establishment of Special Fund for Treatment of State Patients
52. Finances of FundThe Fund consists of -
53. Utilisation of Fund
54. Administration of Fund
55. Financial year of Fund, audit of accounts and annual report
56. Exemption from payment of tax and other chargesThe Fund is not liable to pay any tax, other charge or duty on income or transfer duty or stamp duty imposed by any law.
57. Financial Assistance Coordinating Committee
58. Tenure and vacation of office of members, procedure at meetings of Coordinating Committee, allowances and expensesThe Minister must -
Part 9 – STATE HOSPITAL COMMITTEES
59. State hospital committees
Part 10 – RETURNS AND EXEMPTIONS
60. State hospitals and state health services to submit returns to Minister
61. Exemption from provisions of ActDespite anything provided to the contrary in this Act, the Minister may exempt, whenever he or she considers it expedient, by notice in the Gazette, any state hospital or a state health service from all or any of the provisions of this Act.
62. Exemption from provisions of Pharmacy ActThe Pharmacy Act does not apply to a pharmacy contemplated in section 30(2).
Part 11 – GENERAL AND SUPPLEMENTARY PROVISIONS
63. Research into diseases, mental illnesses and other medical conditionsThe Minister may -
64. Delegation of powers and assignment of duties or functions by Minister or Permanent Secretary
66. IndemnityA person, generally or specifically, authorised to exercise any power or perform any function conferred or imposed by or under this Act is not liable for anything done or omitted to be done in good faith in the exercise of such power or the performance of such function, or for anything that may result therefrom, unless such thing is done or omitted to be done due to the gross negligence of such person.
67. Repeal of laws and savings
68. Short title and commencementThis Act is called the National Health Act and comes into operation on a date determined by the Minister by notice in the Gazette.
History of this document
20 May 2015 this version
22 April 2015
Cited documents 18
- Allied Health Professions Act, 2004
- Banking Institutions Act, 1998
- Building Societies Act, 1986
- Council of Traditional Leaders Act, 1997
- Hospitals and Health Facilities Act, 1994
- Hospitals and Health Facilities Amendment Act, 1998
- Labour Act, 2007
- Local Authorities Act, 1992
- Medical and Dental Act, 2004
- Medicines and Related Substances Control Act, 2003
- Nursing Act, 2004
- Pharmacy Act, 2004
- Police Act, 1990
- Posts and Telecommunications Companies Establishment Act, 1992
- Public Service Act, 1995
- Regional Councils Act, 1992
- Social Work and Psychology Act, 2004
- State Finance Act, 1991