L.R.O. 1/2012
LAWS OF GUYANA
REGIONAL HEALTH AUTHORITIES ACT
CHAPTER 32:06
Act
4 of 2005

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.






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Index
of
Subsidiary Legislation
Page
Health Region No. 6 Order 39
(O. 13/2006)
(O. 14/2006)
Regional Health Authorities Regulations
(Reg. 10/ 2008)
40


Regional Health Authority for Health Region No. 6 Order 39
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CHAPTER 32:06
REGIONAL HEALTH AUTHORITIES
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
POWERS AND DUTIES OF THE MINISTER
3. Administration of Act.
4. Person to act on Minister’s behalf.
5. Accountability framework.
6. Performance targets.
7. Service agreements.
8. Minister may give directions.
9. Country wide standards for health services and health programmes.
10. Provision of health services and health programmes by Minister.
11. Approval of Minister subject to conditions, suspension, revocation.
12. Review of the effectiveness of creating regional health authorities.
PART III
ESTABLISHMENT OF HEALTH REGIONS AND REGIONAL HEALTH
AUTHORITIES
13. Establishment of health regions.
14. Establishment and status of a regional health authority.
PART IV
STRUCTURE AND ADMINISTRATION
15. First Board.

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SECTION
16. Board of regional health authority.
17. By-laws.
18. Meetings of a board and procedure.
19. Minutes.
20. Conflict of interest.
21. Chief Executive Officer.
22. Health management committee.
23. Professional advisory committee.
24. Medical and dental advisory committee.
PART V
POWERS, DUTIES AND RESPONSIBILITIES OF REGIONAL HEALTH
AUTHORITIES
25. Responsibilities and duties of a regional health authority.
26. Health plan proposal.
27. Delivery of health services.
28. Operation within accountability framework.
29. Agreements.
30. Appointment of administrator.
PART VI
FINANCIAL ACCOUNTABILITY
31. Financial accountability.
32. Financial information.
PART VII
GENERAL
33. Inspection powers.
34. Confidentiality of information.
35. Exclusion of liability.
36. Offence.
37. Regulations.

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SECTION
PART VIII
TRANSITION
38. Agreement to wind up certain health facilities.
39. Pension and other benefits.
40. Application of other Acts.
__________________________

4 of 2005
CHAPTER 32:06
REGIONAL HEALTH AUTHORITIES
An Act to establish regional health authorities with
responsibility for providing for the delivery of and
administering health services and health programmes
in specified geographic areas and for matters incidental
thereto or connected therewith.
[1ST DECEMBER,2005]

Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Regional Health
Authorities Act.
2. In this Act –
“board” means the board of members of a regional health
authority established either under section 15 or 16;
“health facility” means a place in which one or more
members of the public receive health services and
includes a hospital, health centre, health post, a
training institution for health professionals, a
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laboratory or therapeutic clinic, a nursing home, a
place where chronic or extended care services are
offered, a hospice, a place where rehabilitation
health services are provided, a medical or surgical
clinic, an emergency care centre or any other such
place;
“health plan” means the health plan approved by the
Minister under section 26;
“health region” means a health region established under
section 13;
“health services” means community health services,
emergency medical response services, home care
services, hospital services, medical services,
medical laboratory services, mental health
services, nursing services, personal care services,
provision of drugs, medical supplies, and surgical
supplies, public health services, diagnostic
imaging services, and other goods and services
respecting health promotion and protection or
respecting the care, treatment or transportation of
sick, infirm or injured individuals;
“patient” means a person who receives health services or
health programmes directly or indirectly from a
regional health authority;
“prescribed” means prescribed by the regulations;
“regional health authority” means a regional health
authority established under section 14;
“regulations” means the regulations made under this Act,
unless the context otherwise requires;
“subsidiary health corporation” means an authority that is a
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Administration
of Act.

Person to act
on Minister’s
behalf.

Accountability
framework.
c. 73:02

Performance
targets.
subsidiary of or is controlled by the regional health
authority.
PART II
POWERS AND DUTIES OF THE MINISTER
3. The Minister is responsible for the administration of
this Act.
4. (1) The Minister may authorise, in writing, one or
more persons to act on the Minister’s behalf for the purpose of
administering this Act.
(2) The Minister may authorise in writing, any
authority, power, duty or function conferred or imposed on
the Minister under this Act to be discharged by a regional
health authority.
5. (1) Subject to the provisions of the Fiscal
Management and Accountability Act, the Minister shall
establish an accountability framework that describes the roles
of the Minister and the regional health authorities and that
specifies the responsibilities each has towards the other
within the health system.
(2) The Minister shall consult with every existing
regional health authority when establishing an accountability
framework.
6. The Minister may establish performance targets for
a regional health authority with respect to –
(a) its development as a body corporate;
(b) its financial management;
(c) ensuring access to health services and
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Service
agreements.

Minister may
give directions.
health programmes provided by the
regional health authority;
(d) achieving satisfactory patient
outcomes;
(e) the level of patient satisfaction with
the services and programmes
provided by the regional health
authority; and
(f) any other matter that may be
prescribed.
7. A regional health authority shall enter into a service
agreement with the Minister, in a form approved by the
Minister, that outlines the accountability framework between
the Minister and the regional health authority, the
performance targets for the regional health authority and the
health plan of the regional health authority.
8. (1) The Minister may give directions to a regional
health authority for the purpose of –
(a) implementing its health plan;
(b) providing guidelines for a regional
health authority to follow in
exercising its responsibilities, duties
and powers; and
(c) coordinating the work of the regional
health authorities with each other and
the programmes, policies and work of
the government and persons in the
provision of health services and
health programmes.

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Country-wide
standards for
health services
and health
programmes.

Provision of
health services
and health
programmes by
Minister.

Approval of
Minister subject
to conditions,
suspension,
revocations.
Review of the
effectiveness of
creating
(2) The Minister may establish parameters and
give directions to a regional health authority in relation to the
planning, organisation, management and delivery of health
services and health programmes by a regional health
authority.
9. The Minister may establish country-wide standards
with respect to the quality of health services and health
programmes to be provided in the country in the health
regions.
10. Notwithstanding any provision in this Act or the
regulations or any other law, where the Minister considers it
in the public interest to do so, the Minister may –
(a) provide or arrange for the provision
of health services and health
programmes inside or outside of a
health region, whether or not the
services or programmes are being
provided by a regional health
authority; and
(b) do any other thing that the Minister
considers necessary to ensure the
provision of health services and
health programmes.
11. (1) An approval given by the Minister under this
Act or the regulations may be subject to such terms and
conditions as the Minister considers appropriate.
(2) The Minister may suspend or revoke an
approval given under this Act or the regulations.
12. (1) The Minister shall ensure that a comprehensive
review is commenced in the fifth year after the
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regional health
authorities.

Establishment
of health
region.

Establishment
and status of a
regional health
authority.
commencement of this Act for the purpose of examining and
reporting on the effectiveness of creating regional health
authorities.
(2) The Minister shall ensure that a review under
subsection (1) is concluded no later than twelve months after
it commences.
(3) The Minister shall lay the report prepared as a
result of the review before the National Assembly within
thirty days after receiving the report if the National Assembly
is sitting, and if it is not, within fifteen days after the
commencement of the next sitting.
PART III
ESTABLISHMENT OF HEALTH REGIONS AND
REGIONAL HEALTH AUTHORITIES
13. The Minister may by order, from time to time,
establish one or more health regions, name the health regions
and describe their boundaries.
14. (1) The Minister may by order establish a regional
health authority to administer one or more health regions.
(2) A regional health authority shall be a body
corporate.
(3) A regional health authority is established to
operate exclusively as a body corporate without share capital,
and no part of the income or property of a regional health
authority shall be paid to, or otherwise be made available for,
the personal benefit of any director of the authority or any
other person or body corporate.
(4) Unless the power to delegate is limited by this
Act or the regulations, a regional health authority may
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First board.

Board of
regional
authority.
delegate any power or duty conferred or imposed on it under
this Act or any other law to a committee of the regional health
authority or to any of its officers.
(5) The Minister may by order dissolve a regional
health authority as a corporate body and the order shall
contain such provisions as are necessary to protect the
interests of employees and creditors of the authority and to
otherwise provide for the winding up of the affairs of the
regional health authority.
PART IV
STRUCTURE AND ADMINISTRATION
15.(1) Where a regional health authority is established,
the Minister may appoint the number of persons as members
the Minister considers appropriate as the first board.
(2) The Minister may notwithstanding section 16 –
(a) appoint one of the first members of a
board as the first chairperson; and
(b) make subsequent appointments to fill
vacancies on the board.
(3) The terms of office of members of the first
board shall be for a period of two years.
(4) The Minister may, in the order establishing the
regional health authority, provide for the payment of
remuneration and expenses to the first board.
16. (1) The business and affairs of a regional health
authority shall be controlled and managed by a board
appointed in accordance with this Act.
(2) Notwithstanding subsection (1), where the
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Minister is of the opinion that a board has failed or is failing
to ensure compliance with either the National Health Plan or
the Regional Health Plan, the Minister may give directions in
respect of the matter, and the directions of the Minister shall
be complied with by a board.
(3) The board of a regional health authority shall
consist of the following members –
(a) three members appointed by the
Minister;
(b) one member nominated by each
Regional Democratic Council in the
health region within the jurisdiction
of the regional health authority;
(c) two members nominated by private
sector entities in the health region
within the jurisdiction of the regional
health authority;
(d) two members, appointed by the
Minister from among nominees
named by organisation(s)
representing doctors and nurses and
by the recognised union representing
employees of the regional health
authority;
(e) the Chief Executive Officer shall be an
ex officio member of the board, with
voting rights;
(f) the Director of Medical and
Professional Services shall be an ex
officio member of the boar, with voting
rights.
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By-laws.
(4) On the nomination of those members of a board
under subsection (3) (a), (b) and (c), they shall be appointed
by the Minister.
(5) Five members of a board shall constitute a
quorum.
(6) A vacancy on a board does not impair the
capacity of the board to act.
(7) Where a vacancy occurs on a board, the
Minister, taking into consideration the category of
representation and with the appropriate consultation, may
appoint a person to fill the vacancy for the balance of the term
of the member replaced.
(8) Where a board member is disqualified from
holding office as a member of the board in accordance with
the by-laws of the regional health authority, the remaining
members of the board shall declare the office to be vacant and
shall immediately notify the Minister of that fact.
(9) The chairperson of a board shall be elected
from among members of the board.
(10) A regional health authority may, with the
approval of the Minister, pay its members and committee
members such remuneration and expenses as may be
determined by the board.
17. (1) A board may make by-laws and policies not
inconsistent with this Act and the regulations regarding its
internal organisation and proceedings and for the general
conduct and management of the affairs of the regional health
authority.
(2) The by-laws made by a board, and all
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Meetings of a
board and
procedure.
amendments to them, shall be submitted to the Minister for
approval in accordance with the procedures established by
the Minister but need not be published in the Gazette.
(3) A regional health authority shall ensure that its
by-laws are available for inspection by members of the public
during normal office hours.
18.(1) A board shall meet at such times as may be
necessary or expedient for the transaction of business, and the
meetings shall be held at such places and times and on such
days as the board may determine.
(2) The chairperson may at any time summon a
special meeting of a board and shall summon a special
meeting within seven days of the receipt of a written
requisition for that purpose addressed to him by any three
members of a board.
(3) The chairperson or, in his absence, one of the
members of a board elected therefor shall preside at all
meetings of a board.
(4) A board may co-opt any one or more persons to
attend any meeting of a board at which a board is dealing
with a particular matter for the purpose of assisting or
advising a board, but no such co-opted person shall have any
right to vote at the meeting.
(5) Not less than once in every calendar year each
regional health authority shall conduct a public meeting to set
out for public discussions its activities and any future plans,
including, in the case of a regional health authority, its last
annual report, that report having been previously publicly
available.
(6) Subject to the provisions of this Act and the
regulations, a board may regulate its own procedure.
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Minutes.

Conflict of
interest.
19. (1) Minutes in proper form of every meeting of a
board shall be kept by the secretary and shall be confirmed by
the chairperson, as soon as practicable thereafter at a
subsequent meeting.
(2) A board shall forward a copy of the adopted
minutes of a meeting to the Minister within seven days after
the meeting at which the minutes were adopted.
20. (1) A member of a board shall not vote on or speak
to a matter before the board if –
(a) the member has an interest in the
matter, distinct from an interest
arising from his or her functions as a
member;
(b) the member has a direct or indirect
pecuniary interest in the matter;
(c) a parent, spouse, brother, sister or
child of the member has an interest in
the matter; or
(d) the member is an officer, employee or
agent of a corporation or an
unincorporated association, or other
association of persons that has an
interest in the matter.
(2) Where a member is in a conflict of interest, the
member shall disclose to the board the nature and extent of
the interest either in writing or by requesting to have it
entered in the minutes of the meeting of the board.
(3) A member shall disclose a conflict of interest –
(a) at the meeting where the matter
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Chief Executive
Officer.

Health
management
committee.
Professional
advisory
committee.
giving rise to the conflict of interest is
considered; or
(b) if the member is not in a conflict of
interest at the time mentioned in
paragraph (a), at the first meeting that
is held after the conflict arises.
21. The Chief Executive Officer is responsible for the
general management and conduct of the affairs of the regional
health authority within the by-laws, policies and directions of
the board.
22. (1) A board may establish a health management
committee to advise the board with respect to the day to day
management and operation of a regional health authority.
(2) A health management committee shall consist
of those members appointed by the board, and shall include
at least the following employees of the regional health
authority: the Chief Executive Officer, the Chief Financial
Officer, the Director of Medical and Professional Services, the
Director of Human Resources and the Director of Facilities
Management.
23. (1) A board may establish a professional advisory
committee to advise the board with respect to –
(a) clinical care and health issues;
(b) criteria for admission and discharge
of patients;
(c) quality assurance and risk
management with respect to the
health services and health
programmes delivered by the regional
health authority; and
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Medical and
dental advisory
committee.
(d) any other issue the board may refer to
the committee.
(2) A professional advisory committee shall consist
of not more than fifteen members appointed by a board, one
of whom shall be a medical doctor, one a dentist, one a nurse,
and one a pharmacist.
24. (1) A board may establish a medical advisory
committee –
(a) to advise the board with respect to
appointments to the medical staff and
dental staff at facilities under the
control of the regional health
authority and on privileges of
members of the medical and dental
staff; and
(b) to investigate, at the request of the
board, questions requiring medical or
dental expertise and to report to the
board.
(2) Before making appointments to the medical or
dental staff of a regional health authority or granting
privileges, a board shall request advice from the medical and
dental advisory committee as to the appointments to be made
and the privileges to be granted.
(3) A medical advisory committee shall make
adequate provision for the supervision of all medical services
and dental services provided by a regional health authority.

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Responsibilities
and duties of a
regional health
authority.
PART V
POWERS, DUTIES AND RESPONSIBILITIES OF
REGIONAL HEALTH AUTHORITIES
25. (1) Subject to this Act and the regulations, a
regional health authority, within its jurisdiction, shall –
(a) be responsible for the delivery and
administration of health services and
health programmes in the health
region or regions assigned to it by the
Minister, and operating and
maintaining, where appropriate,
hospitals, health centres, health posts
or other health facilities within those
regions;
(b) promote and protect the health of the
population in the health regions and
work towards the prevention of
disease and injury;
(c) ensure that reasonable access to
quality health services and health
programmes is provided in and
through the health regions;
(d) promote the provision of health and
services and health programmes in a
manner that is responsive to the needs
of individuals and communities and
that supports the integration of
services and facilities in the health
regions;
(e) promote systems for the delivery of
health care that are efficient, effective
and appropriate;
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(f) promote the use of hospitals, health
centres, health posts and other health
facilities for training and research;
and
(g) do all such things as are incidental or
conducive to the attainment of its
duties as set out in this section.
(2) Notwithstanding subsection (1), a regional
health authority may, where it so provides in its health plan
and where approved by the Minister, deliver and administer
health services and health programmes in another health
region outside of its jurisdiction.
(3) A regional health authority shall on an ongoing
basis –
(a) determine the health needs of the
population that it serves;
(b) determine the priorities in the
provision of health services and
health programmes for the population
it serves; and
(c) allocate resources according to the
regional health plan.
(4) A regional health authority may provide health
services and health programmes only where –
(a) there is a need for health services and
health programmes;
(b) the services and programmes are
included in and consistent with its
health plan approved by the Minister;
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Health plan
proposal.
and
(c) sufficient resources are available.
26. (1) When a regional health authority is established,
the authority shall, within the time specified by the Minister,
prepare and submit to the Minister a proposal for a five year
health plan for the health region or regions within its
jurisdiction.
(2) The Minister may on the request of a regional
health authority extend the time for submitting a proposal for
a health plan.
(3) When preparing or updating a proposed health
plan, a regional health authority shall ensure that it consults
with members of the public in relation to identifying the
health needs of the population in the health region within its
jurisdiction, the need for health services and health
programmes in the health region, the priorities for the
delivery of health services and health programmes in the
health region, and whether the health needs of the region are
being met.
(4) When preparing or updating a proposed health
plan, a regional health authority may consult with such other
regional health authorities, persons or government
departments and agencies, as the regional health authority
considers appropriate.
(5) A proposal for a health plan shall contain –
(a) the principles upon which the
provision of health services and
health programmes by the regional
health authority are to be based;
(b) the objectives and priorities of the
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regional health authority for the
provision of health services and
health programmes to meet the health
needs in the health region within the
jurisdiction of the authority;
(c) the health services and health
programmes to be delivered and
administered by the regional health
authority and where the services are
to be provided, including disease
prevention and health promotion
activities;
(d) the nature and scope of any basic or
applied research initiatives in relation
to health care, health services and
health programmes;
(e) the programmes for training of
persons in the medical and other
health professions, including practice
settings for the training of health
professionals;
(f) the means by which persons outside
the region will be able to access the
health services and health
programmes that are delivered by a
regional health authority;
(g) the methods by which it will measure
its performance in the delivery and
administration of health services and
health programmes;
(h) the initiatives respecting the delivery
of health services and health
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programmes that will involve the
spending of money derived from any
foundations, trusts or other funds
over which the regional health
authority exercises powers and
discharges responsibilities of a
fiduciary or other nature;
(i) any commercial arrangements or
ventures in which the regional health
authority participates or proposes to
participate;
(j) any other information required by the
Minister in a notice in writing to the
regional health authority.
(6) When a proposal for a health plan is submitted
to the Minister, the Minister may –
(a) approve the proposal as submitted;
(b) amend the proposal and approve it as
amended; or
(c) refer the proposal back to the regional
health authority with directions to the
regional health authority to take any
further action the Minister considers
appropriate.
(7) A proposal for a health plan that is referred
back to a regional health authority under subsection (6)(c)
must be re-submitted to the Minister as directed by the
Minister, and when it is re-submitted subsection (6) applies.
(8) A regional health authority may, at any time,
submit to the Minister a proposal to amend an approved
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Delivery of
services.

Operation
within
accountability
framework.
Agreements.
health plan.
(9) A regional health authority may on a written
request of the Minister submit to the Minister a proposal to
amend an approved health plan in respect of matters
specified by the Minister.
(10) Subsections (6) and (7) apply to a proposal to
the Minister under subsections (8) and (9).
27. A regional health authority shall ensure that –
(a) health services and health
programmes are delivered through its
employees or through agreements
with persons or the government;
(b) health services and health
programmes delivered by employees
and staff or through agreements
under paragraph (a) are delivered in
accordance with the standards
established by the Minister for those
services and programmes; and
(c) health services and health
programmes are delivered within the
parameters established and the
directions and guidelines issued by
the Minister.
28. Subject to section 5 and the regulations, a regional
health authority shall operate within the accountability
framework established by the Minister under section 5 and
within any other law.
29. (1) Subject to subsection (2), a regional health
authority may enter into agreements for the purposes of this
Act and the regulations with for-profit or not-for-profit
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Appointment
of
administrator.
businesses, whether public or private, in order to manage or
operate any of the health services and health programmes
provided by the regional health authority.
(2) A regional health authority may not enter into
an agreement with another regional health authority, a for-
profit or a not-for-profit business without the prior approval
of the Minister.
30. (1) The Minister may, by order, appoint an
administrator for a period not to exceed two years to act in
place of the members of the board of a regional health
authority if, in the opinion of the Minister –
(a) the board is not properly carrying out
its responsibilities, duties or powers
under this Act or the regulations;
(b) the board fails to comply or to ensure
that the authority complies with any
provision of this Act or the
regulations, or with parameters
established or directions issued by the
Minister, within the period of time
specified by the Minister at the time
the Minister notifies the board or
members of the requirement to
comply; or
(c) it is in the public interest.
(2) On the appointment of an administrator under
subsection (1), the members of the board of a regional health
authority cease to hold office and shall not perform any duties
or exercise any powers assigned to them under this Act or the
regulations.
(3) An administrator appointed under this section
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–
(a) has all the power and authority of the
regional health authority;
(b) shall perform all the duties of the
regional health authority; and
(c) shall be paid as an operating expense
of the regional health authority the
salary and expenses determined by
the Minister.
(4) Where an administrator is appointed, the
former members on the board of a regional health authority
shall immediately deliver to the administrator all funds and
all books, records and documents respecting the management
and activities of the regional health authority, as the case
requires.
(5) If in the opinion of the Minister an
administrator is no longer required, or the two year period
referred to in subsection (1) has expired, the Minister shall by
order terminate the appointment of the administrator and
appoint new members of the board of a regional health
authority in the manner provided for in section 16 or in such
manner as may be prescribed.
(6) Where the Minister acts under subsection (5),
the Minister may appoint one of the new members as the
chairperson of the board of a regional health authority.
(7) The terms of office of a Member appointed
under this section and the chairperson continue until their
successors are appointed under section 16.

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Financial
accountability.
c. 73:02
c. 73:02

Financial
information

Inspection
powers.

PART VI
FINANCIAL ACCOUNTABILITY
31. (1) Upon the establishment of a regional health
authority by the Minister under section 14, the Minister
responsible for finance may amend the Schedule to the Fiscal
Management and Accountability Act to include such newly
formed regional health authority as a schedule budget
agency.
(2) As a budget agency, each regional health
authority shall be subject to the provisions of the Fiscal
Management and Accountability Act and to the regulations
made and other instructions issued thereunder with respect
to all matters pertaining to the management of its finances
and to all other aspects of its financial accountability.
32. A regional health authority shall, within the time
specified by the Minister, provide to the Minister any
financial information that is requested by the minister.
PART VII
GENERAL
33. (1) The Minister may appoint any person as an
inspector for the purposes of this Act and the regulations.
(2) The Minister shall issue to every inspector a
certificate of appointment and every inspector, in the
execution of his duties under this Act or the regulations, shall
produce his or her certificate of appointment upon request.
(3) This section applies to –
(a) regional health authorities;
(b) those persons who deliver health
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services and health programmes
through an agreement with a regional
health authority;
(c) subsidiary health corporations.
(4) An inspector may, at any reasonable time, for
the purposes of this Act and the regulations and for the
purpose of ensuring compliance with this Act and the
regulations –
(a) enter and inspect any place under the
jurisdiction of a regional health
authority, subsidiary health
corporation or person referred to in
subsection (3)(b);
(b) require the production for
examination of any documents or
records in the possession of the
regional health authority, subsidiary
health corporation or person referred
to in subsection (3)(b), and make
copies of them or temporarily remove
them for the purpose of making
copies; and
(c) interview officers and employees of a
regional health authority or
subsidiary health corporation or a
person referred to in subsection (3)(b)
and the users of the facilities or
services of an authority, corporation
or person referred to in subsection
(3)(b).
(5) In carrying out an inspection, examination or
audit, an inspector may –
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(a) use a data processing system at the
premises, building or place where the
records, documents or things are kept;
(b) reproduce any record; and
(c) use any copying equipment to make
copies of any record.
(6) A person who removes documents or other
records under this section shall –
(a) give a receipt for the items to the
person from whom the items were
taken;
(b) on request, provide a copy of the
items removed to the person from
whom they were taken or to a person
who is entitled to custody of them;
and
(c) forthwith return the items to the
person from whom they were taken
when they have served the purposes
for which they were taken.
(7) No person shall obstruct an inspector who is
carrying out or attempting to carry out an inspection,
examination or audit under this Act, or withhold or destroy
or conceal or refuse to furnish any information or thing
required by the inspector for the purposes of the inspection,
examination or audit.
(8) No person shall knowingly make a false or
misleading statement, either orally or in writing, to an
inspector while the inspector is engaged in carrying out his or
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Confidentiality
of information.

Exclusion of
liability.
her duties under this Act or the regulations.
34. (1) No person shall disclose information relating to
the health services or health programmes provided to, or the
medical condition of, an individual, without the consent of
the individual, except –
(a) for the purpose of providing health
services or health programmes to the
individual;
(b) for the purposes of the administration
and enforcement of this Act and the
regulations;
(c) as required by law; or
(d) as prescribed.
35. (1) No action or other proceeding for damages or
otherwise may be commenced against a member of the board
of a regional health authority or its officers and employees or
anyone acting under the authority of the regional health
authority for anything done or not done by that person in
good faith while carrying out duties or exercising powers
under this Act or the regulations or any other law.
(2) Subsection (1) shall not relieve a regional health
authority from liability for injuries caused by negligence by a
person referred to in subsection (1), and the regional health
authority shall be liable for such damage in the same manner
as if subsection (1) had not been enacted.
(3) Every person mentioned in subsection (1) shall
be indemnified and saved harmless out of the funds of the
regional health authority with respect to all costs, charges and
expenses that the person incurs in relation to any action or
other proceeding brought or prosecuted against the person in
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Offences.

Regulations.
connection with the duties of the person and with respect to
all other costs, charges and expenses as a person incurs in
connection with those duties, except costs, charges and
expenses that are occasioned by the person’s own wilful
neglect or wilful default.
36. Every person who violates or fails to comply with
section 33(7) or (8) or section 34 commits an offence and is
liable on summary conviction to a fine of five hundred
thousand dollars and to imprisonment for six months.
37. (1) The Minister may make regulations to give
effect to the provisions of this Act.
(2) Notwithstanding the generality of subsection
(1) the Minister may make regulations –
(a) prescribing and governing the health
services, health related services and
health programmes that are to be
provided by a regional health
authority;
(b) respecting the management,
functions, duties, and the
geographical and substantive
jurisdiction of regional health
authorities;
(c) respecting the standards and
guidelines to be observed by regional
health authorities in the provision of
health services, health related services
and health programmes, the
undertaking of capital construction
projects and the operation of
hospitals, health centres, health posts
and other health facilities;
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(d) prescribing guidelines for regional
health authorities to follow in
carrying out and exercising their
responsibilities, duties and powers;
(e) transferring responsibility for health
facilities from one regional health
authority to another, including
transferring and vesting ownership in
property and interest in property that
is used for or in connection with or
that relates to the health facilities, or
that is associated with the
establishment, operation or
maintenance of the health facilities,
and transferring and vesting all
rights, obligations, assets, liabilities,
powers and responsibilities that relate
to the health facilities or that are
associated with the establishment,
operation and maintenance of the
health facilities;
(f) authorising or requiring a regional
health authority to make by-laws
regarding the general conduct and
operation of the affairs of the regional
health authority;
(g) respecting the manner in which
members of the boards of regional
health authorities are nominated,
appointed or elected, criteria for
eligibility, the terms of office
including the maximum number of
years an appointed member may
serve and the filling of vacancies and
the appointment or election of
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officers;
(h) respecting the disqualification of an
elected or appointed board member of
a regional health authority from
holding office as a board member;
(i) respecting appointments to the
committees referred to in sections 22,
23 and 24 and the operations of such
committees;
(j) respecting the establishment and
operation of other advisory
committees;
(k) respecting the appointment, powers,
privileges and duties of officers, Chief
Executive Officer, medical staff and
other staff and employees;
(l) respecting board minutes and by-
laws;
(m) respecting the annual public meeting
of a regional health authority,
including but not limited to, notice
requirements and order of business.
(n) respecting the information that is to
be contained in a proposal for a health
plan under section 26;
(o) respecting the submission of
proposals to amend an approved
health plan under section 26;
(p) respecting additional records to be
maintained by regional health
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authorities;
(q) respecting books, accounts and
accounting systems to be maintained
and the audits to be performed by
regional health authorities;
(r) requiring hospitals, health centres,
health posts, local sanitary authority
to provide reports and returns to a
regional health authority, and
respecting the form and manner in
which and the time at which they
must be provided and the information
they must contain.
(s) respecting the borrowing and
investment powers of regional health
authorities;
(t) requiring regional health authorities
to submit budgets to the Minister,
respecting the time and the manner in
which a budget must be submitted
and what it must contain, and the
process for approving a budget;
(u) authorising the Minister or a regional
health authority to make payments
directly to an individual to enable the
individual to acquire health services,
health related services or health
programmes, and respecting the
terms and conditions under which
such payments may be made and to
which they are subject;
(v) respecting records to be maintained
for persons, including the type of
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record, the contents of the records, the
preparation, maintenance, storage,
removal and destruction of records
and the confidentiality and disclosure
of records;
(w) respecting the sharing of information
between regional health authorities
and other health service providers;
(x) requiring and governing the system
or systems that shall be kept to
monitor the results of the health
services and health programmes
provided by or under the jurisdiction
of regional health authorities;
(y) authorising regional health authorities
to charge fees for goods, services or
programmes and governing the
amounts of those fees;
(z) respecting the admission, care,
conduct and discharge of patients or
any class of patients from a facility,
service or programme operated by a
regional health authority;
(aa) establishing mechanisms to ensure
that patients are aware of their rights
and have an opportunity to exercise
them;
(bb) governing the winding-up of the
affairs of regional health authorities;
(cc) the manner, form and amount of
insurance that must be maintained
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Agreement to
wind up
certain health
facilities.
by a board;
(dd) respecting the transference of
movable and immovable property to
regional health authorities;
(ee) exempting, subject to such terms and
conditions as may be established in
the regulations, any person or
regional health authority from the
whole or part of the application of this
Act;
(ff) defining terms that are used in this
Act but are not defined in this Act;
(gg) prescribing forms for the purposes of
this Act;
(hh) prescribing anything authorised or
required to be prescribed or
designated under this Act.
(3) A regulation made under this section in respect
of a regional health authority may be made to apply to
regional health authorities, or classes of them, generally, or to
a particular regional health authority.
PART VIII
TRANSITION
38. (1) A hospital, health centre, health post or other
health facility or local board of health may, and shall at the
direction of the Minister, enter into an agreement with a
regional health authority for the purpose of winding up its
affairs and the assumption of its affairs by the regional health
authority.

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(2) An agreement under this section may contain
any provisions that are necessary to accomplish the purpose
set out in subsection (1).
(3) An agreement under this section is not effective
until it is approved by the Minister.
(4) The Minister may require the parties to include
in an agreement under this section any provisions that the
Minister considers are necessary to accomplish the purpose
set out in subsection (1), and if the parties neglect or refuse to
include such a provision, the Minister may insert it in the
agreement.
(5) The following applies in the case of an
agreement under this section, unless the agreement provides
otherwise –
(a) the property of the hospital, health
centre, health post or other health
facility or local board of health
becomes the property of the regional
health authority;
(b) the regional health authority is liable
for the obligations of the hospital,
health centre, health post or other
health facility or local board of health;
(c) an existing cause of action, claim or
liability to prosecution is unaffected;
(d) a civil, criminal or administrative
action or proceeding pending by or
against the hospital, health centre,
health post or other health facility or
local board of health may be
continued by or against the regional
health authority;
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Pension and
other benefits.
c. 27:02.

(e) a ruling, order or judgment in favour
of or against the hospital, health
centre, health post or other health
facility or local board of health may
be enforced by or against the regional
health authority.
39. (1) The Minister shall ensure that when a regional
health authority is established that all persons employed in
the health region or regions assigned to the authority
immediately before the establishment of the authority
continue in the jobs they held, on terms and conditions with
benefits no less favourable than before the establishment and
that existing union agreements shall continue in force until
changed by agreement between the unions and the regional
health authority.
(2) A person who transfers from the Public Service
to a regional health authority shall continue to have the same
pension benefits under the Pensions Act as if he continued to
be employed in the Public Service until such time as a
separate pension fund is established for employees of a
regional health authority and the person chooses to be
covered under the separate pension plan.
(3) Where a hospital that was not part of a regional
health authority comes under the jurisdiction and control of a
regional health authority, then, subject to the terms of any
agreement between the hospital and the regional health
authority and subject to any order of the Minister –
(a) any by-laws of the hospital; and
(b) any hospital committees,
shall continue in force until they are amended or replaced.

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Application of
other Acts.
40. (1) Where a regional health authority is
established, the responsibility for public health services in
establishing, maintaining and controlling hospitals,
dispensaries and health centres shall be deemed to be the
responsibility of the regional health authority and shall no
longer be the responsibility of the Regional Democratic
Council or any other Council having jurisdiction in the health
region within the jurisdiction of the authority.
(2) The responsibility for public health in regard to
slaughterhouses, markets, wash-houses, public lavatories and
sanitary services remains the responsibility of the Regional
Democratic Council.
___________________

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SUBSIDIARY LEGISLATION
_________________
O. 13 /2006 REGIONAL HEALTH AUTHORITIES ORDER
made under section 13
Citation. 1. This Order may be cited as the Health Region No. 6
Order.
Establishment
of Health
Region No. 6.
O. 14/2006
Citation.
2. This is hereby established the health region for
Region 6 to be known as Health Region No. 6 having the
same boundaries as Region No. 6 or East Berbice/Corentyne
Region.
____________________
REGIONAL HEALTH AUTHORITIES ORDER
made under section 14
1. This Order may be cited as the Regional Health
Authority for Health Region No. 6 Order.

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Establishment
of Regional
Health
Authority
Health Region
No. 6.
2. There is hereby established a regional health
authority to be known as the Regional Health Authority for
__________________
Reg. 10 of 2008

Citation.

Interpretation.
c.32:06
REGIONAL HEALTH AUTHORITIES
REGULATIONS
made under section 37
1. These Regulations may be cited as the Regional
2. (1) In these Regulations-
“Act” means the Regional Health Authorities Act;
“attending medical staff” means a member of the medical
staff who has for the time being, the principal
responsibility of the medical care of a patient;
“board” means the board of members of a regional health
authority;
“Chief Executive Officer” means the Chief Executive Officer
of a regional health authority;
Region No. 6 to administer Health Region No. 6.
Health Authorities Regulations.
Regional Health Authority For Health Region No. 6 Order
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c. 32:02

c. 32:03

c. 32:03
c.32:02
c. 32:04
Cap. 137
1953 Rev.
“clinical record” means a written, electronic or printed record
maintained by a regional health authority of the services
rendered to a patient;
“community health worker” means a person who is selected
by a community to provide basic health care in that
community, and who has completed a community health
worker programme approved by the Minister;
“Council” means the Medical Council of Guyana established
under section 3 of the Medical Practitioners Act ;
“dentist extender” means a person registered as a dentist
extender under section 15 of the Dental Registration Act ;
“dental practitioner” means a dental practitioner referred to
in the Dental Registration Act;
“medical practitioner” means a medical practitioner referred
to in the Medical Practitioners Act;
“medex” means a medex referred to in the Medex Act;
“member” means a member of the board of a regional health
authority;
“midwife” means a person who is registered as a midwife
under the Nurse and Midwife Registration Ordinance;
“nurse” means a person who is registered as a nurse under
the Nurse and Midwife Registration Ordinance;
(2) Words and expressions not defined in these
Regulations but defined in the Act, the Medical Practitioners
Act, the Dental Registration Act shall have the respective
meaning assigned to them in those Acts.

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Eligibility to be
the member of
a board.

Oath of Office.
PART II
TERMS OF OFFICE OF THE MEMBER OF A BOARD
3. (1) No person shall be eligible to be appointed as a
member of the board of a regional health authority unless he
is –
(a) a citizen of Guyana;
(b) able to communicate satisfactorily in
English;
(c) of good character;
(d) experienced at least for five years in
medicine, law, accountancy, finance,
management, health sector, social
work or public administration and in
the opinion of the Minister, a fit and
proper person to be appointed as a
member.
(2) A member other than the Chief Executive
Officer and the Director of Medical and Professional Service,
shall hold office for two years from the date on which enters
upon office and shall be eligible for re-appointment.
(3) Notwithstanding sub-regulation (2), no
member, other than the Chief Executive Officer and the
Director of Medical and Professional Services, shall hold
office more than two consecutive terms, but such member
shall be eligible for the re-appointment after the expiration of
one year of ceasing to become a member.
4. Every person appointed or nominated as a member
of a board shall subscribe to an Oath of Office before the
Minister, in the form as set out in the Schedule, before he
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Resignation,
removal and
vacancy of
members.
enters upon office.
PART III
RESIGNATION, REMOVAL AND VACANCY OF
MEMBERS
5. (1) A member may resign in writing addressed to
the board.
(2) The resignation by a member shall be effective
upon acceptance of the resignation by the board.
(3) A member may be removed for conduct
unbecoming of a member by a majority of the votes cast by
members present in a general meeting of the board.
Provided that no member shall be removed from his
office without giving him an opportunity of being heard.
(4) Notice of meeting to consider the removal of a
member shall be given at least fifteen days in advance to all
members before the meeting.
(5) A member who is absent without permission of
the board for three successive meetings shall be deemed to be
removed from his office and his position may be considered
vacant.
(6) The board may recommend to the Minister
names of persons suitable to serve as members.
(7) If a vacancy occurs on a board, the Minister,
taking into consideration the category of representation and
with the appropriate consultation, where necessary may
appoint a person to fill the vacancy for the balance of the term
of the member replaced.

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Functions of a
Board.
PART IV
FUNCTIONS AND DUTIES OF A BOARD
6. A board shall govern and manage the affairs of the
regional health authority and do all things that are incidental
or conducive to the discharge of its functions and in
particular, shall–
(a) enter into service agreements with the
Minister of Health government or
non-governmental organisations or
agencies for the purposes of the Act;
(b) develop and periodically update the
health plan in collaboration with the
health management committee that is
consistent with the health laws and
with the instructions, directions of
and supervision by the Minister;
(c) establish policies and procedures to
provide the framework for the
management and operation of the
regional health authority;
(d) work, collaboratively with other
community agencies and institutions
in meeting the needs of the
community;
(e) participate in fund raising activities to
supplement the resources provided
by the Minister of Health for the
operation of the regional health
authority;

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Duties of a
board.
(f) establish the selection process for the
appointment of the Chief Executive
Officer, and, subject to the approval of
the Minister appoint him in
accordance with the process and
ensure his ongoing evaluation;
(g) delegate responsibility and
concomitant authority to the Chief
Executive Officer for the management
of the regional health authority and
require his accountability to the
board;
(h) appoint or re-appoint medical
practitioners, dental practitioners,
medexes, midwives, nurses or
medical staff to the regional health
authority and delineate their
respective responsibilities and
privilege after considering the
recommendations of the medical
advisory committee and the Chief
Executive Officer;
(i) assess and monitor the acceptance by
each member of the medical staff,
through the medical staff
organisation, of his responsibility to a
patient and to the regional health
authority concomitant with the
privileges and duties of the
appointment and the by-laws;
7. A board shall manage the affairs of the regional
health authority and do all things that are incidental or
conductive to the discharge of its duties and in particular,
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shall –
(a) ensure that programmes and services
of the regional health authority are
prioritised on the basis of its health
plan and financial framework and
that resource allocation is consistent
with those priorities;
(b) ensure that the best possible quality of
patient care is provided with the
resources available;
(c) ensure that staff and facilities are
appropriate for the services provided;
(d) ensure that quality assurance, risk
management and utilisation review
methods are established for the
regular evaluation of the quality of
care;
(e) ensure that all health services are
regularly evaluated in relation to
generally accepted standards and
require accountability on a regular
basis;
(f) inform the Minister of all concerns,
which it may have about any aspect of
the regional health authority, which it
is unable to resolve;
(g) develop a mechanism by which it is
able to measure the level of
satisfaction winch patients have with
the various services that they receive
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Health
management
committee.
from the regional health authority;
(h) ensure that policies and procedures
are developed and implemented in
each department to cover all activities
of the regional health authority;
(i) develop criteria for evaluating the
performance of members of the board
and conduct such evaluations at least
annually;
(j) recommend the making, amending or
revoking by-laws that are necessary to
ensure the performance of the
functions of the regional health
authority;
(k) set the remuneration packages and
expenses for members and committee
members subject to the approval of
the Minister.
PART IV
COMMITTEES
8. (1) The board shall appoint a health management
committee to advise it with respect to its day to day
management and operation within the health regions.
(2) The health management committee may engage
subcommittees for the conduct of its activities.
(3) The board may appoint such of its members or
a medical practitioner a dental practitioner, a dentist
extender, a medex, a midwife or a nurse, as may be necessary
as members of the health management committee or any sub-
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committee.
(4)The Chief Executive Officer shall be the
chairperson of the health management committee.
(5) Subject to such policies as may be established
by the board, the health management committee may
recommend for the consideration and adoption by the board –
(a) appointments of employees of the
regional health authority and their
removal.
(b) appointment of medical practitioners,
dental practitioners, medex, dentist
extenders, nurses, midwives or
community health workers to the
medical staff of the regional health
authority;
(c) such privileges to a person referred to
in paragraph (b) as the health
management committee considers
appropriate in the circumstances,
(d) rescind the appointment and
withdraw the privileges of the person
for any reason subject to such
restrictions and notice requirements
as may be contained in a contract
between the regional health authority
and a person referred to in paragraph
(b):
Provided that no such person shall be removed without
giving him an opportunity of being heard.
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Professional
Committees.

Community
advisory
committee.
(7) The health management committee shall
undertake such other tasks as maybe assigned by the board.
9. (1) The board shall appoint a professional advisory
committee or the medical and dental advisory committee
which may engage sub-committees, where necessary, for the
conduct of their respective activities.
(2) The committees shall undertake such other
tasks as maybe assigned by the board.
(3) Chairpersons of the committees referred to in
sub-regulation (1) shall be chosen from among the members
of the respective committees on the recommendations of the
board.
(4) The Chief Executive Officer, or such other
person as may be designated by him, shall attend the
meetings of the committees, but not vote at, the meeting.
10. (1) The board may appoint, from among members
of the community nominated by the community in the health
region or regions, not more than nine members to a
community advisory committee.
(2) The community advisory committee shall
advise the board regarding the provision of health care and
health services by the regional health authority in the health
regions.
(3) The community advisory committee shall select
a chairperson from among their members.
(4) The Chief Executive Officer, or a designate of
the Chief Executive shall attend every meeting of the
community advisory committee, and may participate in, but
not vote at the meeting.
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Other
Committees.

Transfer of care
of patient.
Board to notify
governing
professional
body.
(5) The community advisory committee shall
undertake such other tasks as may be assigned by the board.
11. The board shall establish the following committees
for the purpose of advising the board on the maintenance of
standards of medical services and dental services–
(a) a clinical audit committee;
(b) a credentials committee;
(c) any other committee the board
considers appropriate.
PART V
PATIENT CARE
12. (1) Where a member of the medical staff is unable
to care for a patient the member shall arrange for another
member of the medical staff having appropriate training to
accept responsibility for the care of the patient and shall
ensure that the transfer of responsibility is noted on the
clinical record of the patient.
(2) Where the medical director of the regional
health authority has reason to believe that a member of the
medical staff is unable to care for a patient and that the
member is unable to or will refuse to transfer responsibility
for the care of the patient to another member of the medical
staff, he shall transfer responsibility for the care of the patient
to another member of the medical staff.
13. A board shall notify the Medical Council, the
Dental Council, the Nurses and Midwives Council, or any
other professional body or organisation, as the case may be,
whenever attending medical staff, dentist extender, dental
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Attending
medical staff to
notify danger.

Orders for care.
practitioner, medical practitioner, medex, midwife or nurse–
(a) has shown incompetence, negligence
or misconduct in discharging his
duties; or
14. An attending medical staff, who refuses any
person to a regional health authority for admission knowing
or suspecting that the person is, or may become, for any
reason, dangerous to himself or to others, shall notify the
Chief Executive Officer or senior administrative officer.
15. (1)Any attending medical staff, medical
practitioner, dental practitioner, medex, dentist extender,
nurse or community health worker shall ensure that each
order for the care of the patient shall be in writing and
attached to the clinical records of the patient in the section
designated for those orders and dated and signed by him.
(2) Notwithstanding sub-regulation (1), a person
referred to in that sub-regulation may communicate orders
for care over the telephone to the person designated by the
Chief Executive Officer to take the orders.
(3) A person to whom an order for care has been
communicated over telephone shall transcribe the order, sign
it and endorse on it, the name of the medical practitioner,
dental practitioner, medex, dentist extender, nurse or
community health worker who communicated the order as
well as the date and time of receiving the order an attach it to
the clinical records to the section designated for those orders.
(4) Where an attending medical staff, medical
practitioner, dental practitioner, medex, dentist extender,
of his conduct by the board.
(b) resigns pending investigation
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Order for care
on computer
system.
Investigation.
nurse or community health worker has communicated an
order for care over the telephone under subsection (2), he
shall sing the order on the first visit to the facility after
dictating the order.
16. (1) Notwithstanding regulation 15 (1), an
attending medical staff, medical practitioner, dental
practitioner, medex, dentist extractor , nurse or community
health worker may make an order for care on a computer
system approved by the minister if the system produces an
order for care that is printed, dated and sign.
(2) An attending medical staff, medical
practitioner, dental practitioner, medex, dentist extractor,
nurse or community health worker shall ensure that the
printed order for care order is attached to the clinical record
of the patient in the section designated for such orders.
(3) An order for care on an approved computer
system shall be deemed to be signed by an attending medical
staff, medical practitioner, dental practitioner, medex, dentist
extender, nurse or community health worker when he has
entered the computer equivalent of his signature in the
manner approved by the regional health authority.
(4) Regulations 15 (2), (3) and (4) shall mutatis
mutandis apply to an order for care made on an approved
computer system.
17. The Minister may require a regional health
authority to –
(a) conduct an investigation into any
complaint respecting the care of a
patient;

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Record of
patients.
(b) report its findings to him or his
designate;
(c) provide reasonable assistance to any
person or body appointed by him to
conduct an investigation into any
complaint respecting the care of a
patient.
18. In addition to the requirement of any other written
law, a regional health authority shall compile and maintain a
clinical record in respect of every patient that includes–
(a) name, address, age, sex, contact
telephone number;
(b) preliminary diagnosis;
(c) patient identification on each
document, whether electronic or
otherwise that forms part of the
record;
(d) history of present and previous
illnesses;
(e) allergic history;
(f) immunisation records in the case of
paediatric patients;
(g) patient consent to treatment form;
(h) results of physical examination;
(i) reports of-

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Inspection of
equipment.
(i) consultations;
(ii) diagnostic tests; and
(iii) therapy provided;
(j) vital signs;
(k) medication sheets and protocols;
(l) nurses’ notes and notes of all
professionals involved in the care of
the patient;
(m) final diagnosis;
(n) post mortem examination, if any;
(o) any other information required by the
Minister.
PART VI
MISCELLANEOUS
19. (1) Every regional health authority shall appoint a
committee to inspect any item of equipment that may have
become worn out, obsolete, or unserviceable and to
recommend whether it should be replaced or written off.
(2) Subject to section 34 of the Act, upon the receipt
of the committee’s recommendation, the board of directors
shall by resolution direct whether the equipment shall be
replaced or written off and determine the manner of its
disposal.
(3) Every regional health authority shall maintain
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Health plan.
as part of its records a current inventory of all items of
equipment.
20. In addition to the matters set out in section 26 of
the Act, every regional health authority shall ensure that its
health plan sets out how the regional health authority will
meet its obligations under any other written law for the time
being in force.
SCHEDULE
FORM OF OATH
(S.4)
OATH OF OFFICE
I, ………………………………………..declare that I will
faithfully execute the office of the member of the board of the
regional health authority for region Number……….without
fear or favour, affection, or ill will, and in accordance with the
health laws and with the goals and objectives of the regional
health authority.
(………………………………………)
Member
Dated this……….day of……………….....20……
_____________________