Advanced Search

Chapter 33:03 - Health Facilities Licensing

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
L.R.O. 1/2012
L.
LAWS OF GUYANA
HEALTH FACILITIES LICENSING ACT
CHAPTER 33:03
Act
26 of 2007

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






1 – 80 ... 1/2012
LAWS OF GUYANA
2 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
Index
of
Subsidiary Legislation
Page
Health Facilities Licensing Regulations
(Reg. 7/2008)
28




Note
Similar regulations were published as Regulations 5 /2008.
Note
on
Repeal
This Act repeals the Public Hospitals Ordinance, Cap 139 and the Private Hospitals Act, Act No.
2 of 1972.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 3
L.R.O. 1/2012 L.
L.R
CHAPTER 33:03
HEALTH FACILITIES LICENSING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Application of Act.
4. Licence required.
5. Transitional.
6. Request for proposals.
7. Issuance of licence.
8. Notice of proposal to refuse licence.
9. Minister may withdraw request.
10. Transfer of a licence.
11. Expiry of licence.
12. Licence not to be used as security.
13. Contracts.
14. Order by Minister to take control.
15. Revocation and refusal to renew licence.
16. Notice to revoke, suspend or refuse to renew licence.
17. Appointment of supervisor.
18. Appointment of inspectors by Minister.
19. Inspection of health facilities.
20. Obstruction of inspector.
21. Appointment of assessors.
22. Powers of assessors.
23. Assessment.
24. Admissibility of copies.
25. Confidential information.
26. Immunity.
27. Offences.
28. Annual Report.
29. Regulations.
30. Resolution of conflicting provisions.

LAWS OF GUYANA
4 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
____________________
CHAPTER 33:03
HEALTH FACILITIES LICENSING ACT
26 of 2007 An Act to provide for the licensing of Health Facilities and
for related matters.
[1ST MAY, 2008]
Short title.
Interpretation.
1. This Act may be cited as the Health Facilities
Licensing Act.
2. In this Act –
"assessor" means an assessor appointed under section 21;
"health facility" means a place in which one or more members
of the public receive health services or treatment and
includes, but is not limited to, a hospital, a health
centre, a health post, a training institution for health
professionals, a laboratory, a diagnostic 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 place that may be prescribed;
"inspector" means an inspector appointed under section 18;
"licence" means a licence issued by the Minister under this
Act;
"Minister" means the Minister responsible for Health and
includes any person designated by the Minister to act
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 5
L.R.O. 1/2012 L.
L.R

Application of
Act.

Licence
required.

Transitional.
on the Minister's behalf;
"Ministry" means the Ministry of Health;

"National Health Plan" means the National Health Plan 2003-
2007, dated March, 2003, as it may be amended from
time to time;
"patient" means a person who receives health services in
a health facility;
"prescribed" means prescribed by the regulations;
"regulations" means the regulations made under this Act,
unless the context otherwise requires.
3. This Act applies to a health facility or class of health
facilities that is prescribed.
4. (1) No health facility shall be operated except under
the authority of a licence issued by the Minister.
(2) No person shall use, in the title of a place, the
term “hospital”, “health clinic”, “health centre”, “health post”
or other term that is prescribed unless the person is licensed
under this Act.
5. (1) A person who operates a health facility on the
date that this Act comes into force may, within one year after
the date on which this Act comes into force, submit a
proposal for a licence to continue to operate the facility.
(2) Sections 6 (2), (3) and (4) and sections 7, 8 and
9 apply with necessary modifications to a proposal referred to
in subsection (1).
(3) Notwithstanding subsection 2, a person who
LAWS OF GUYANA
6 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
operates a health facility on the date that this Act comes into
force may continue to operate the facility without a licence –
(a) where the person does not submit a
proposal under subsection (1), for
one year after the date on which this
Act comes into force; and
(b) where the person submits a proposal
and is served with a notice that the
Minister proposes to issue a licence to
the person, until the person is issued
the licence.
(4) Any regulation that applies to health facilities
operated by persons under this Act or to licensees may be
made applicable to health facilities under subsection (3)
and to the persons who operate the facilities.
(5) Where the Minister has reasonable and
probable grounds to believe that a health facility referred to in
subsection (3) is being operated or will be operated in a
manner that is prejudicial to the health, safety or welfare of
any person, the Minister shall so inform the person who
operates the health facility.
(6) The Minister shall give notice to the person
who operates the facility of the grounds on which he believes
under subsection (5) that the facility is being operated in a
manner that is prejudicial to the health, safety or welfare of
any person.
(7) The Minister shall afford the person who
operates the health facility an opportunity of making
representations on his behalf and of advancing reasons or
producing evidence to show that the health facility is being
operated in a manner conducive to the health, safety and
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 7
L.R.O. 1/2012 L.
L.R

Request for
proposals.
welfare of persons.
(8) The Minister shall, in consultation with the
Central Board of Health (the views of which body he is not
obliged to accept), consider the representation, reasons and
evidence advanced under subsection (7) in deciding whether
he shall permit the health facility to continue to operate under
this section or by notice direct that subsection (3) does not
apply to the health facility effective on the date specified in
the notice and accordingly communicate his decision to the
person who operated the health facility.
(9) A direction under subsection (5) is final.
(10) A person who is notified that subsection (3)
does not apply to the health facility shall forthwith cease to
operate the facility that is the subject of the notice.
6. (1) The Minister may request proposals for the
establishment and operation of a health facility.
(2) Persons interested in establishing and operating
a health facility may submit proposals to the Minister.
(3) A proposal shall set out –
(a) the business and professional
experience of the person submitting
the proposal;
(b) details, nature and cost of the service
or services to be provided in the
health facility;
(c) details of the physical requirements of
the proposed health facility;

LAWS OF GUYANA
8 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
Issuance of
licence.
(d) the projected planning, capital and
operating costs of the health facility;
(e) the revenue source or sources for the
costs referred to in paragraph (d) and
the financial viability of the proposed
health facility;
(f) the role of the proposed health facility
and service or services proposed to be
offered in it, in the context of the
National Health Plan and other action
plans of the Ministry;
(g) details of the system that will be
established to ensure the monitoring
of the results of the service or services
to be provided in the health facility;
(h) details of the nature, source and
training of the professional staff
proposed for the health facility;
(i) any other information relevant to the
requirements and limitations
specified in the request for proposals
as determined by the Minister.
(4) The Minister shall consider the proposals and
may request additional information in respect of any
proposal.
7. (1) The Minister may issue a licence to a person
who has submitted a proposal for the establishment and operation of a health facility where the Minister is of the
opinion that –

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 9
L.R.O. 1/2012 L.
L.R
(a) the proposal meets the criteria
specified in the request for proposals;
(b) the quality and the standards of the
health facility or of the service or
services to be provided in the facility
will comply with regulations, or in the
absence of regulations, will conform
to the generally accepted quality and
standards for the facility and the
service or services to be provided in
the facility;
(c) the person will operate the health
facility competently and with honesty
and integrity;
(d) the person will establish and maintain
a system to ensure the monitoring of
the results of the service or services
provided in the health facility;
(e) the person will operate the health
facility in compliance with the
contents of the proposal, including
staffing.
(2) The Minister may issue a licence subject to the
limitations and conditions as he considers necessary in the
circumstances, including the payment of fees prescribed.
(3)The licensee shall notify the Minister immediately
where there is –
(a) a change in the service or
services provided in the health
facility;

LAWS OF GUYANA
10 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012

Notice of
proposal to
refuse licence.

Minister may
withdraw
request.

Transfer of a
licence.
(b) a proposed change in the
location of the health facility; or
(c) a change to any other thing that
relates to a term or conditions
of the licence.
8. (1) Where the Minister proposes to refuse to issue a
licence to any person, the Minister shall serve notice of the
proposed action on the person who submitted the proposal
for a licence.
(2) A notice under subsection (1) shall inform the
person on whom it is served that the person is entitled to
written reasons for the refusal, if a request is received by the
Minister from the person, within seven days of the receipt by
the person of the notice of refusal.
(3) Upon receipt and examination of the written
reasons for the refusal the person on whom it is served may
ask the Minister to review his decision.
9. At any time after the Minister requests a proposal
for the establishment and operation of a health facility and
before a licence is issued, the Minister may withdraw his
request.
10.(1) A licence is not transferable without the consent
of the Minister.
(2) In deciding whether to consent to the transfer
of a licence, the Minister shall treat the proposed transferee of
the licence as if the proposed transferee were an applicant for
a licence and, for the purpose of the transfer, section 7 (1)
applies with necessary modifications.
(3) In consenting to the transfer of a licence, the
Minister may attach to the licence such limitations and
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 11
L.R.O. 1/2012 L.
L.R

Expiry of
licence.
Licence not to
be used as
security.

Contracts.

Order by
Minister to take
control.
conditions as the Minister considers necessary in the
circumstances.
11. Every licence expires annually on the anniversary
of its issuance or renewal, unless it is revoked by or is
surrendered to the Minister before that date.
12. A licence shall not be used as security for the
payment or performance of an obligation, and there shall be
no transaction purporting to use a licence as security for the
payment or performance of an obligation.
13.(1) A licensee shall not enter into a contract that
may result in –
(a) a change in the beneficial ownership
of the licence without a corresponding
transfer of the licence; or
(b) a person acquiring or increasing an
interest affecting the control of a
corporation while it is a licensee.
(2) Subsection (1) does not apply if the licence
includes a condition as to the ownership or control of the
licence and the contract would not result in a breach of a
condition.
14.(1) Where the Minister is of the opinion that a
health facility should continue to operate after the expiry,
surrender, suspension or revocation of the licence, after the
death of the licensee or after the licensee ceases to operate the
facility, the Minister may by order direct that control and
operation of the facility be vested in the Minister for a period
not exceeding one year.
(2) Where the Minister takes control of and
LAWS OF GUYANA
12 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012

Revocation and
refusal to
renew licence.
operates a health facility under subsection (1), the Minister
has all the powers of the licensee and the Minister may
appoint one or more persons to operate the facility and each
person so appointed is a representative of the Minister.
(3) Where the Minister takes control of a health
facility, the licensee, former licensee or estate of the licensee,
as the case may be –
(a) is not entitled to payment for any
service that is provided by the facility
while the facility is under the control
of the Minister;
(b) is entitled to reasonable compensation
for the use of the property of the
licensee, former licensee or estate of
the licensee while the facility is under
the control of the Minister.
15.(1) The Minister may revoke, suspend or refuse to
renew a licence where –
(a) the licensee or an employee of the
licensee is in contravention of this
Act, the regulations or any other Act
or regulation that applies to the health
facility or to the licensee or an
employee of the licensee, or condition
of the licence;
(b) there is a breach of a limitation or
condition of the licence;
(c) any person has made a false statement
in the proposal submitted to the
Minister in respect of the health
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 13
L.R.O. 1/2012 L.
L.R
facility;
(d) any person has made a false statement
in the application for renewal of the
licence;
(e) any person has made a false statement
in any report, document or other
information required to be furnished
by this Act, the regulations or any
other Act or regulations that apply to
the health facility;
(f) there is reasonable ground for belief
that the health facility is not being or
will not be operated in accordance
with the law and with honesty and
integrity;
(g) there is reasonable ground for belief
that the health facility is being
operated or will be operated in a
manner that is prejudicial to the
health, safety or welfare of any
person;
(h) the licensee has ceased operating the
health facility for a period of at least
six months and is not taking
reasonable steps to prepare the facility
to re-open; or
(i) the licensee has entered into a
contract mentioned in section 13
contrary to that section.
(2) If the Minister is of the opinion upon
reasonable grounds that the health facility is being operated
LAWS OF GUYANA
14 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
in a manner that poses an immediate threat to the health or
safety of any person, the Minister, by a written order, may
suspend the licence of the facility.
(3) An order under subsection (2) takes effect
immediately upon its issuance or on the date set out in the
order.
(4) An order under this section may direct a health
facility to do any of the following on or before the date set out
in the direction of the order where the Minister considers it in
the public interest to do so –
(a) to provide specified services to a
specified extent or of a specified
volume;
(b) to cease to provide specified services;
(c) to increase or decrease the extent or
volume of specified services.
(5) The Minister may give directions in an order to
a health facility under this section that the Minister considers
in the public interest.
(6) The Minister may amend or revoke the
direction in an order made under this section where the
Minister considers it in the public interest to do so.
(7) A person whose licence is suspended under this
section shall carry out any directions set out in the order and
shall cease to operate the facility upon the issuance of the
order or on the date set out in the order.
(8) Before the Minister gives a direction in an order
made under this section, he shall afford the licensee an
opportunity to make representations.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 15
L.R.O. 1/2012 L.
L.R
Notice to
revoke,
suspend or
refuse to
renew licence.

Appointment
of supervisor.
16.(1) Where the Minister proposes to revoke,
suspend or refuse to renew a licence under section 15 (1), the
Minister shall serve notice of the proposed action, together
with written reasons for the action, on the licensee.
(2) A notice under subsection (1) shall inform the
licensee that he is entitled to a hearing by a judge if he
delivers to the Minister and the Attorney General, within
fifteen days after the notice under subsection (1) is served on
him, notice in writing requiring a hearing.
(3) Where, before the expiry of a licence, a licensee
has applied for renewal of the licence and paid the prescribed
fee, the licence shall be deemed to continue –
(a) until the renewal is granted; or
(b) where the licensee is served with
notice under subsection (1) that the
Minister proposes to refuse to grant
the renewal, until the time for giving
notice requiring a hearing has expired
and, where a hearing is required, until
the matter has been decided by the
court.
(4) The decision of the Court is final.
(5) Except where otherwise provided, any notice
by this Act to be served may be served personally.
17.(1) Where it is essential in the public interest, the
Minister may appoint a person as a supervisor of a health
facility.
(2) Unless the appointment provides otherwise, a
supervisor has the exclusive right to exercise all of the powers

LAWS OF GUYANA
16 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
(a) of the board of the corporation, where
the health facility is owned or
operated by a corporation; and
(b) of the individual, where the health
facility is owned or operated by an
individual.
(3) The Minister may specify the powers and
duties of a supervisor appointed under this section and the
terms and conditions governing those powers and duties and
the supervisor shall carry out every direction of the Minister.
(4) If, after the appointment under subsection (1),
the corporation or individual continues to have the right to
act with regard to any matters, any such act of the corporation
or individual is valid only if approved in writing by the
supervisor.
(5) A supervisor has the same rights as the board,
corporation or individual in respect of the documents, records
and information of the health facility.
(6) A supervisor shall report to the Minister as
required by the Minister.
(7) In making a decision in the public interest
under this section, the Minister may consider any matter he
regards as relevant including, without limiting the generality
of the foregoing –
(a) the quality of the management and
administration of the health facility;
(b) the proper management of the health
care system in general;

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 17
L.R.O. 1/2012 L.
L.R

Appointment
of inspectors by
Minister.

Inspection of
health facilities.
(c) the availability of financial resources
for the management of the health care
system and for the delivery of health
care services;
(d) the accessibility to health services in
the community where the health
facility is located; and
(e) the quality of the care and treatment
of patients.
18.(1) The Minister may appoint in writing one or
more persons as inspectors.
(2) In an appointment under subsection (1), the
Minister may limit the duties or authority, or both, of an
inspector in the manner the Minister considers necessary or
advisable.
(3) Where the Minister is of the opinion that it is
necessary or advisable that an inspection be made of a health
facility licensed under this Act to ensure that this Act, the
regulations and the limitations and conditions of the licence
are being complied with, the Minister may direct one or more
inspectors to make the investigation and to report to the
Minister.
(4) An inspector shall make the inspections the
Minister requires under subsection (3) and shall submit
reports and interim reports in respect of the inspections as are
required by the Minister.
19.(1) An inspector may, at any reasonable time,
without warrant, enter any premises of a health facility to
make an inspection –

LAWS OF GUYANA
18 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
(a) in respect of a health facility operated
by a person not licensed under this
Act by reason of section 5, to ensure
that the quality and standards of
service provided in the facility
comply with the regulations or, in the
absence of regulations, conform to
generally accepted quality and
standards for the health facility and
the service or services provided in the
facility; and
(b) in respect of a health facility operated
by a person licensed under this Act, to
ensure that the Act, the regulations and the limitations and conditions, if
any, have been complied with.
(2) Upon an inspection under this section, the
inspector –
(a) has the right to inspect the premises
and the operations carried out on the
premises;
(b) has the right to free access, at any
reasonable time, to all books of
account, documents, correspondence
and records, including payroll,
employment, patient and drug
records and any other records that are
relevant for the purposes of the
inspection, regardless of the form or
medium in which the records are
kept, but if the books, documents,
correspondence or records are kept in
a form or medium that is not legible,
the inspector is entitled to require the
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 19
L.R.O. 1/2012 L.
L.R
person in charge of them to produce a
legible copy for examination by the
inspector.
(c) has the right to remove, upon giving a
receipt for it and showing his
certificate of appointment issued by
the Minister, any material referred to
in paragraph (b) that relates to the
purpose of the inspection for the
purpose of making a copy, provided
that the material is promptly returned
to the person in charge of the
premises from which the material was
removed;
(d) has the right, at any reasonable time,
to make and take or require to be
made or taken, any samples of any
substance on the premises;
(e) has the right to remove, upon giving a
receipt for it and showing his
certificate of appointment issued by
the Minister, any sample referred to in
paragraph (d) that relates to the
purpose of the inspection for the
purpose of making an analysis; and
(f) may question a person on matters that
are or may be relevant to an
inspection under this Act.
(3) It is a condition of every licence that the
licensee and employees of the licensee shall co-operate fully
with an inspector carrying out inspection of a health facility
operated by a licensee.
LAWS OF GUYANA
20 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012

Obstruction of
inspector.

Appointment
of assessors.

Powers of
assessors.
20. No person shall obstruct an inspector or withhold
or conceal from an inspector any book, document,
correspondence, record or thing relevant to the subject matter
of an inspection.
21. (1) The Minister may appoint persons in writing as
assessors.
(2) Where the Minister considers it necessary or
advisable that assessments be carried out of the quality and
the standards of services provided in a health facility, the
Minister may give notice in writing to the licensee or operator
of the health facility.
(3) An assessor shall report to the Minister in the
determined form and in detail, with supporting material and
at the times the Minister requires.
22.(1) An assessor, after giving written notice to the
licensee operator of a health facility, for the purposes of
assessing the care provided to one or more persons in the
health facility, may –

(a) inspect and receive information from
records or from notes, charts and
other material relating to patient care
and reproduce and retain copies; and
(b) interview the licensee or operator and
the employees of the licensee of the
health facility on matters that relate to
the quality and standards of service
provided in the health facility.
(2) A notice under subsection (1) shall, where
practicable, state the subject matter of the interview and the
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 21
L.R.O. 1/2012 L.
L.R
Assessment.
identity, if known, of the person or persons to be interviewed.
(3) A licensee or operator who receives written
notice under subsection (1) shall forthwith give written notice
to each person who may be interviewed of the subject matter
of the interview.
23.(1) It is the function of an assessor to carry out
assessments of the quality and standards of services provided
in health facilities.
(2) It is a condition of every licence that the
licensee and employees of the licensee shall co-operate fully
with an assessor carrying out an assessment of a health
facility operated by the licensee.
(3) The co-operation required of a licensee
includes –
(a) permitting the assessor to enter and
inspect the premises of the health
facility;
(b) permitting the assessor to inspect
records, including patient records;
(c) providing to the assessor information
requested by the assessor in respect of
records, including patient records on
the care of patients in the health
facility;
(d) providing the information mentioned
in paragraph (c) in the form requested
by the assessor;
(e) permitting the assessor to take and
remove samples of any substance on
LAWS OF GUYANA
22 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012

Admissibility
of copies.

Confidential
information.
the premises of the health facility;
(f) providing samples mentioned in
paragraph (e) as requested by the
assessor; and
(g) conferring with the assessor when
requested to do so by the assessor.
24. (1) Copies of material removed from premises
under this Act and certified as being true copies of the
originals by the person who made them are admissible in
evidence to the same extent as and have the same evidentiary
value as the material of which they are copies.
(2) A certificate or report of an analysis of a sample
removed from premises under this Act that purports to be
signed by the laboratory technician who carried out the
analysis shall be received in evidence as proof, in the absence
of evidence to the contrary of the facts stated in the certificate
or report without proof of the signature or position of the
person appearing to have signed the certificate or report.
25.(1) In this Act "confidential information" means
information obtained by a person employed in the
administration of this Act or making an assessment or
inspection under this Act in the course of the person's
employment, assessment or inspection and that relates to a
patient or former patient of a health facility.
(2) No person shall communicate confidential
information to any person except in accordance with
subsection (4).
(3) Subsection (2) applies to any person whether or
not that person is or was employed in the administration of
this Act or is or was an assessor or inspector under this Act.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 23
L.R.O. 1/2012 L.
L.R

(4) A person employed in the administration of
this Act, an assessor or an inspector or any person who
obtains confidential information pursuant to this subsection
may communicate confidential information-
(a) in connection with the administration
or enforcement of any Act or any
proceedings under any Act;
(b) in connection with matters relating to
professional disciplinary proceedings,
to a statutory body governing a health
profession;
(c) to the person's counsel; or
(d) with the consent of the patient or
former patient to whom the
information relates.
(5) No person employed in the administration of
this Act or who made an inspection or assessment under this
Act shall be required to give testimony in a civil action or
proceeding with respect to any information obtained in the
course of the person's employment, assessment or inspection
except in a proceeding under an Act.
(6) A court may exclude the public from
proceedings to enforce any Act if the court is of the opinion
that confidential information may be disclosed of such a
nature, having regard to the circumstance, that the
desirability of avoiding disclosure of that information in the
interests of any patient or former patient to whom it relates
outweighs the desirability of adhering to the principle that
hearings be open to the public.

LAWS OF GUYANA
24 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
Immunity.

Offences.

Annual
Report.

26. No action or other proceeding for damages shall
be commenced against an inspector, or an assessor for any act
done in good faith in the performance or intended
performance of any duty or in the exercise or intended
exercise of any power under this Act or the regulations, or for
any neglect or default in the performance or exercise in good
faith of such power or duty.
27. (1) Every person who contravenes sections 4, 10,
12, 13, 20 or 25 commits an offence.
(2) Every person who contravenes a regulation
under this Act commits an offence.
(3) Every person who is guilty of an offence under
this Act is liable on summary conviction to a fine of two
hundred and fifty thousand dollars and to imprisonment for
six months and in the case of a continuing offence, to an
additional fine of fifty thousand dollars for every day during
which the offence continues subsequent to the date to which
the conviction relates.
(4) Where a corporation is convicted of an offence
under this Act, the penalty shall be twice that prescribed
under subsection (3).
(5)The Court that convicts a person of an offence
under this Act may, in addition to any other penalty, order
that the person pay compensation or make restitution to any
person who suffered a loss as a result of the offence.
28. The Minister after the end of each year shall
prepare an annual report on the administration of this Act
and submit it to the National Assembly if the Assembly is
sitting, if not, within fifteen days of the commencement of the
next sitting.

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 25
L.R.O. 1/2012 L.
L.R
Regulations.
29.(1) The Minister may make regulations –
(a) governing the process for submitting
proposals;
(b) governing applications for renewals
of licences;
(c) prescribing forms and providing for
their use;
(d) prescribing fees for licences, for
transfers of licences and for renewals
of licences;
(e) classifying health facilities;
(f) respecting and governing the care,
treatment and services provided in
health facilities;
(g) prescribing and governing the quality
and the standards of services
provided in health facilities and the
method by which these standards will
be made available;
(h) prescribing and governing the quality
and the standards of health facilities;
(i) prescribing and governing all matters
in relation to the employees of health
facilities;
(j) prescribing and governing the
construction, establishment, location,
equipment, maintenance and repair
LAWS OF GUYANA
26 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012
of, additions and alterations to, and
operation of health facilities;
(k) prescribing the books, records and
accounts that shall be kept by health
facilities, including their form and
content and the place or places where
they shall be kept;
(1) requiring the accounts of health
facilities to be audited and requiring
health facilities to furnish information
or accounts as may be required by the
Minister;
(m) prescribing and governing the records
that shall be kept by health facilities
with respect to the care and treatment
of patients of the health facility;
(n) governing the reports and returns that
shall be made to the Minister by
health facilities;
(o) requiring and governing the system or
systems that shall be kept by health
facilities to monitor the results of the
services provided in health facilities;
(p) governing access to patient or drug
records and specifying persons who
may have access to such records;
(q) establishing rules, regulating the
ownership and use of health care
information including the disclosure,
access security and privacy of
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 27
L.R.O. 1/2012 L.
L.R
information;
(r) governing the qualification of
assessors and inspectors for the
purpose of assessments and
inspections;
(s) providing for the establishment and
use of trust accounts and other
methods to safeguard the valuables
and assets of patients;
(t) establishing rules relating to
admission, registration and discharge
of patients, residents and outpatients;
(u) regulating methods of recovering
amounts owed to a health facility;
(v) requiring written agreement between
a health facility or class of health
facilities and any person for the
purpose of providing instruction in
the health facility or class of health
facilities and prescribing provisions
that shall be included in any
agreement;
(w) prescribing other duties of assessors;
(x) prescribing other duties of inspectors;
(y) regulating the governance, control,
management, conduct, operation and
use of health facilities;
(z) prescribing anything authorized or
LAWS OF GUYANA
28 Cap. 33:03 Health Facilities Licensing
L.R.O. 1/2012

Resolution of
conflicting
provisions.
required to be prescribed by this Act.
may delegate the determination of any matter to any person
the Minister designates in writing.
(3) Any regulation made under subsection (1) may be
made applicable to different classes of health facilities.
30. Where the provisions of any other law conflict
with the provisions of this Act, the provisions of this Act shall
prevail only to the extent of the inconsistency.
_____________________
(2) In a regulation under subsection (1), the Minister
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 29
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Reg. 7/2008

SUBSIDIARY LEGISLATION
_________________
HEALTH FACILITIES LICENSING
REGULATIONS
made under section 29
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3. Health facilities prescribed.
5. Request for submission of proposal for a licence to
establish and operate health facility.
6. Scrutiny of the application by the Director of
Standards and Technical Services.
7. Consideration of proposal by the Minister.
8. Appointment of inspectors.
9. Appointment of Assessors.
10. Fees.
PART II
GENERAL REQUIREMENTS
11. Requirements to be fulfilled by the health facilities.
12. Maintenance of medical records of patients.
13. Equal access to care.
14. Patient care arrangements.
15. Equipment and supplies.
4. Obligations of licensee of the health facilities.
LAWS OF GUYANA
30 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
REGULATION
16. Right of patients.
17. Consent.
18. Policies and procedures.
19. Sanitation and safety.
20. Disposal of infectious and radioactive wastes.
PART III
BLOOD BANKS
21. Blood Banks to comply with Part III.
22. Staff.
23. Procedure.
PART IV
DIAGNOSTIC IMAGING FACILITIES
24. Diagnostic imaging facilities to comply with Part
IV.
25. Staff.
26. Policies and procedures.
PART V
DIALYSIS CLINICS
27. Dialysis clinics to comply with Part V.
28. Staff.
29. Policies and procedures.
30. Nursing station.
31. Dialysis treatment area.
32. Infection control.
33. Water control.
PART VI
HOSPITALS
34. Hospitals to comply with Part VI.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 31
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
REGULATION
35. Staff.
36. Accommodation.
37. Governance and administration.
38. Emergency services.
39. Food services.
40. Sterilisation.
41. Dispensing of drugs.
42. Registers and indexes.
43. Occupational safety and health.
44. Quality assurance.
45. House-keeping.
PART VII
OUT-PATIENT CLINICS
46. Out-patient clinics to comply with Part VII.
47. Policies and procedure.
PART VIII
MATERNITY WARDS IN HOSPITALS AND HEALTH
CENTRES
48. Maternity wards to comply with Part VIII.
49. Staff.
50. Competent staff to manage maternity care.
51. Accommodation.
52. Surgical operations.
PART IX
MEDICAL LABORATORIES
53. Medical laboratories to comply with Part IX.
54. Staff.
55. Scope of service.
56. Collection of specimen.
57. Records and reports.
LAWS OF GUYANA
32 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
REGULATION
58. Policies and procedures.
59. Reportable disease.
60. Accommodation.
PART X
ONCOLOGY CLINICS
61. Oncology clinics to comply with Part X.
62. Requirements of medical practitioner and staff.
63. Examination of tissues.
64. Administration of chemotherapeutic agents.
PART XI
PATHOLOGY AND CLINICAL LABORATORY
FACILITIES
65. Pathology and clinical laboratories to comply with
Part XI.
66. Accommodation.
67. Tracings.
PART XII.
SURGICAL CENTRES
68. Surgical centres to comply with Part XII.
69. Supervision and staff.
70. Policies and procedures.
71. Physical requirements.
72. Patient’s history to be recorded.
73. Description of operation in patient’s medical
record.
74. Operations Register.
75. Anaesthetic.
76. Surgical procedures.
77. Examination of tissues.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 33
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Reg. 7/2008

Citation.

Interpretation.

_________________________
HEALTH FACILITIES LICENSING
REGULATIONS
made under section 29
1. These Regulations may be cited as the Health
Facilities Licensing Regulations.
2. In these Regulations –
“anesthesiologist” means a medical practitioner with
specialty training in anesthesiology qualified to
practice as an anesthesiologist;
“blood bank” means a blood recruitment, transmission and
storage facility;
“cardiologist” means a medical practitioner who is an
internist with specialty training in the disease of the
heart qualified to practice as a cardiologist;
“clinical laboratory” means a facility where clinical tests,
other than tests performed by a medical laboratory,
are performed on individuals;
“community health worker” means a person who is selected
by a community to provide basic health care in the
community, and who has completed a community
health worker programme approved by the Minister;
“diagnostic imaging facility” means a facility where services
are provided in interventional radiology, ultrasound,
diagnostic X ray imaging services techniques
including static radiography, dynamic radiography,
computerized tomographs, magnetic resonance
imaging, positron emission tomography or other
LAWS OF GUYANA
34 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012


c. 32:04
similar devices;
“diagnostic radiographer” means a person who is trained as a
diagnostic radiographer to a standard acceptable to
the Minister;
“dialysis centre” or “dialysis clinic” means a health facility
centre where artificial renal replacement therapy is
performed including haemo-dialysis or peritoneal
dialysis;
“health centre” means a health facility that provides primary
health care and ordinarily working at least from
Monday to Friday with a part-time or full-time medex
or community health worker, where in-patient
services are limited to over-night stays to stabilize or
observe a patient and if a nurse or midwife is present,
to perform routine health care deliveries;
“hospital” means a facility that provides on a daily basis,
medical consultations, laboratory and diagnostic
radiology services, scheduled and non-scheduled out
–patient and in-patient care for stay not exceeding
fourteen days and medical nursing services;
“human tissue bank” means a supply of human tissue that is
used in aid of or in lieu of surgical procedures;
“licensed” means licensed under the Act;
“maternity ward” means a ward or area earmarked in a
hospital or health centre where human babies are
delivered;
“medex” means a person who is registered as a medex under
the Medex Act;

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 35
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

c. 32:02
c. 32:02

Cap. 137
1953 Rev.
Cap. 137
1953 Rev.
“Medical Council” means the Medical Council of Guyana
established by section 3 of the Medical Practitioners
Act;
“medical laboratory” means a health facility for the
examination and testing of materials or fluids derived
from the human body for the purposes of providing
information on the diagnosis, prevention or treatment
of diseases;
“medical physicist” means a person who is trained to provide
oversight, maintenance and quality control of
radiation equipment and to provide radiation
protection programmes;
“medical laboratory technologist” means a person who is
trained as a medical laboratory technologist to a
standard acceptable to the Minister;
“medical practitioner” means a person qualified to practice
medicine or surgery and who is duly registered as a
medical practitioner under the Medical Practitioners
Act and whose name appears in the register of the
Medical Council;
“midwife” means a person who is registered as a midwife
under the Nurses and Midwives Registration
Ordinance;
“nephrologists” means a medical practitioner who is an
internist with specialty training in nephrology and
who is registered with the Medical council as a
nephrologists;
“nurse” means a person who is registered as a nurse under
the Nurses and Midwives Registration Ordinance;

LAWS OF GUYANA
36 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

c. 32:07
c.32:06
Cap. 137
1953 Ed.
“nurse anesthetics” means a nurse with specialty training in
anesthesiology;
“nurse assistant” means a person who has completed a nurse
assistant training programme approved by the
Minister;
“oncology clinic” means a clinic for the treatment of persons
suffering from neoplastic diseases or tumors;
“out-patient clinic” means a healthy facility where diagnosis,
treatment, ambulatory care, or health information, or
any combination thereof is provided;
“pathologist” means a medical practitioner with specialty and
qualified to practice as a pathologist;
“pathology laboratory” means a facility where cytology,
surgical pathology and autopsies are preformed;
“pharmacist” means a person who is registered as a
pharmacist under the Pharmacy Practitioners Act;
“radiologist” means a medical practitioner with specialty
training in radiology and qualified to practice as a
radiologist;
“regional health authority” means a regional health authority
established under the Regional Health Authorities
Act;
“registered nurse” means a person who is registered as a
nurse under the Nurses and Midwives Registration
Ordinance;
“static radiography” means radiography where
morphological information is obtained from the
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 37
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L


Health
facilities
prescribed.


Obligations of
licensee of the
health facilities. .
patient;
“surgical centre” means a place where surgery is performed
under general, local or regional anesthesia.
3. These regulations apply to the following health
facilities which are prescribed as health facilities under
section 2 of the Act –
(a) Blood Banks;
(b) Diagnostic Imaging facilities;
(c) Dialysis Centres or Dialysis Clinics;
(d) Health Centres;
(e) Hospitals;
(f) Human Tissue Banks;
(g) Maternity Wards;
(h) Medical Laboratories;
(i) Nursing Homes;
(j) Oncology Clinic with Radiation
Therapy;
(k) Pathology and Clinical Laboratory;
and
(l) Surgical Centres.
4. (1) Except as otherwise provided, every licensee of
a health facility that is licensed as a health facility referred to
LAWS OF GUYANA
38 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Request for
submission of
proposals for
licence to
establish and
operate health
facility.

in regulation 3 shall ensure that the requirements of Part II of
these Regulations are met.
(2) Every person who operates a health facility
prescribed in these Regulations on the commencement of the
Act and required to obtain a licence within the time permitted
under section 5 of the Act to continue to operate the health
facility shall comply with these Regulations, notwithstanding
that he is not a licensee under the Act.
5. (1) Any operator of a health facility of a class
prescribed in regulation 3 which exists on the date of
commencement of the Act shall within thirty days from that
date inform the Minister through the office of the Director of
Standards and Technical Services of his intention to continue
to operate for a period of one year from the date of
commencement of the Act and further indicate whether the
operator intends to submit a proposal for a license under
section 5 of the Act within that period of one year.
(2) The proposal for a license to establish and
operate a health facility in accordance with these Regulations,
whether it is a proposal for obtaining a license under section 5
or to establish and operate a new health facility under section
6 of the Act shall be made in Form I to these Regulations and
shall conform to the provisions of section 6(3) of the Act, these
Regulations and the generally accepted quality and standards
for the health facility and services provided or proposed to be
provided in the health facility.
(3) The applicant shall submit twelve copies of the
proposal in Form I accompanied by the prescribed fee and
supporting documents to the Minister through the Office of
the Director of Standards and Technical Services of the
Ministry of Health.
(4) The application may be delivered by hand or
Form I
Form I
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 39
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Scrutiny of the
application by
the Director of
Standards and
Technical
Services.


Consideration
of proposal by
the Minister.
sent by post but when it is hand delivered, a receipt of the
Ministry of Health stating the time, date and the official who
received the application shall be furnished to the person
delivering the application.
(5) In case the application is received by mail, the
date of receipt of the documents in the Office of the Director
of Standards and Technical Services of the Ministry of Health
shall be reckoned as the date of the proposal and that office
shall acknowledge the receipt of the package by post or e-mail
immediately and in no case later than the next working day.
6. (1) Within fourteen days from the date of receipt
of a proposal in the prescribed form, the Director of Standards
and Technical Services shall scrutinize the proposal and
where the proposal is incomplete, inform the applicant of the
particulars of the shortcomings for rectification within a
specified time.
(2) If the Director of Standards and Technical
Services finds that a proposal is in order, he shall place the
proposal before the Minister for consideration for granting of
a license.
7. (1) Within fourteen days from the date of receipt of
the proposal complete in all respects, the Minister shall
publish a notice in the Official Gazette that a proposal has
been received by him for issuance of a licence to continue to
operate a health facility operating on the date of
commencement of the Act or to establish a new health facility,
as the case may be, along with the particulars of the applicant,
the specified location and the nature of the health facility to
he established.
(2) Where a proposal for a licence to continue the
operation of a health facility has been deemed to be in
conformity with the provisions of section 6(3) of the Act the
LAWS OF GUYANA
40 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Appointment
of inspectors.

Minister shall cause the health facility to be inspected to
ensure that the facility meets with all the minimum
requirements for grant of a licence and shall take into
consideration the recommendations of the inspector and the
outcome of the consultation with the Chief Medical Officer
and the Board of Health.
(3) Where a proposal to establish a new health
facility has been prima facie found to be in conformity with the
requirements of the Act, the Minister shall issue a provisional
licence in Form II to establish the health facility on the
condition that the health facility shall meet the minimum
standards prescribed by the Act, prior to operating the health
facility.
(4) Before issuance of a final licence in Form II
appended to these Regulations the Minister shall cause the
inspection of the facility and after taking into consideration
the recommendations of the inspection team and taking into
consideration the outcome of the consultation with the Chief
Medical Officer and the Board of Health, he shall issue a
licence or he may reject the application for the licence
specifying the reasons for such rejection.
8. (1) Every person appointed to be an inspector
under the Act shall possess the qualifications specified by the
Minister to conduct the inspection of the health facility.
(2) The letter of appointment of an inspector shall
state the name of the inspector, his qualifications, the duration
of his appointment, the inspection to be carried out and the
name and address of the health facilities or the local limits of
jurisdiction.
(3) The inspector shall carry out inspections from
time to time so as to ensure that due compliance with the
provisions of the Act are made by the licensee of the health
Form II
Form II
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 41
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Appointment
of assessors.


Fees.


Requirements
to be fulfilled
by the health
facilities.
facility.
9. (1) Every person appointed to be an assessor under
the Act shall possess the qualifications specified by the
Minister to conduct assessment of quality and standards of
services provided by the health facilities.
(2) The instrument of appointment of every
assessor shall state the name of the assessor, his qualifications,
duration of his appointment, the assessment to be carried out
and the name and address of the health facility where the
assessment is to be carried out and the duration of
appointment.
10. The fee payable for the various services under the
Act shall be as follows –

(i) Fee for issuance of a licence to
establish and operate a health facility
under the Act …. One hundred
thousand dollars.
(ii) Annual fee for renewal of a licence …
twenty thousand dollars.
(iii) Permission to transfer a licence …
twenty thousand dollars.
(iv) Any miscellaneous service including
making a change in any entry in the
licence … ten thousand dollars.
PART II
GENERAL REQUIREMENTS
11. Except is otherwise provided, every health facility
shall –
(a) have a policy making body on
governance and administration;
LAWS OF GUYANA
42 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
(b) have a designated official responsible
and accountable for medical care;
(c) have a documented administrative
structure;
(d) have an individual responsible for the
administration of the facility;
(e) have an updated Manual of
Administrative Procedure (including
operational routine, procedures and
standards);
(f) have sufficient numbers of qualified
staff in the employment of the health
facility and present during the
operating hours of the health facility
commensurate with the type of
services being offered at the facility;
(g) have a personnel office with files on
all staff members that include
certification of training;
(h) display for public information –
(i) the visiting hours, where
relevant;
(ii) the names and qualifications of
the medical practitioners or
other professionals attending
the health facility;
(j) hold staff meetings at least every
quarter in a year including all
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 43
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Maintenance of
medical
records of
patients.

categories of staff.
12. (1) An up-to-date medical record of each patient
shall be maintained in the health facility.
(2)The medical record shall bear the assigned date
for each entry made in it and shall also include the following
particulars with respect to the patient –
(i) name, address and phone
number, where available;
(ii) age and sex;
(iii) relevant history of illness or
injury and physical findings;
(iv) diagnosis;
(v) a list or a copy of a list, of all
diagnostic tests and procedures
carried out by the facility on the
patient, together with the date
of the tests or procedures, and
the results, or a copy of the
results, where available,
including a copy of the original
test procedure;
(vi) clinical observations, including
results of treatment;
(vii) allergy history;
(viii) for pediatric patients,
immunization records;
(ix) where there is a referral, a copy
of the original referral;
(x) patient contact information;
(xi) patient consent to treatment
form.
(3) The medical records and reports of patients
shall be treated as confidential information and, except as
LAWS OF GUYANA
44 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
provided in paragraph (4), (5), (6) or (7), no person shall be
allowed to examine a patient’s medical record or be given any
information, copy or item from a patient’s medical record.
(4) A person who is treating a patient may
examine the patient’s health record or obtain any information
or item or copy from the health record only for the purpose of
providing health care or assisting in the provision of health
care to the patient.
(5) Copies from a patient’s health record shall be
provided on request to a patient or a personal representative
who is authorized by the patient to obtain copies from the
record, or if the patient is dead, the patient’s legal
representative.
(6) Paragraph (3) does not apply to a person
making a report that is required to be made under any law
relating to public health or any other written law or any
authority dealing with disciplinary proceedings against any
health professional.
(7) Paragraph (3) does not apply to a person who
is collecting data for a study that is approved by the Minister
from a health facility owned or operated by the Ministry of
Health or by a Regional Health Authority, provided that the
person agrees not to release or publish any identifying
information.
(8) A copy of the medical record of every patient
either in paper or in electronic form shall be retained for at
least ten years following the last visit of the patient to the
health facility.
(9) Every maternal death and pre-natal death in
the health facility shall be reported to the Chief Medical
Officer within twenty-four hours of the occurrence and all
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 45
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Equal access to
care.

Patient care
arrangements.

other deaths shall be reported on a weekly basis to the Chief
Medical Officer.
(10) The medical record unit in the health facility
shall be adequately staffed to ensure that the requirements of
these Regulations are met.
13. All patients shall be treated equally regardless of
age, place of birth, race, creed, nationality, gender or sexual
orientation.
14. (1) Every health facility shall be so designed and
equipped as to be able to carry out the operations that the
facility is licensed for in a safe and effective manner.
(2) The waiting areas and patient registration
areas of every health facility shall be readily accessible to
patients, including physically challenged persons.
(3) All the areas of a health facility shall be so
constructed and located as to ensure patient privacy and
confidentiality without compromising patient care.
(4) Where a health facility provides emergency
medical care, wheelchairs and other ambulating aids as are
necessary for patients in the emergency circumstances shall
be readily available at the facility.
(5) Where a health facility may require a patient to
provide a specimen, the area for the procurement of
specimens shall be in a room that is separate from the room in
which patients are examined.
(6) Paragraph (5) does not apply with respect to a
patient who is bed ridden.
(7) Every health facility shall have an examination
LAWS OF GUYANA
46 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Equipment
and supplies.

room that is properly equipped and commensurate with the
type of services being offered at the facility.
(8) Every health facility shall have, wherever it is
possible, at least one closed wash room and a sink with
running water or a clean wash-basin with a supply of potable
water for hand washing.
(9) The sink or wash basin referred to in
paragraph (8) shall be available near to the location where a
patient is required to give specimens for laboratory
examination.
(10) Where a health facility contains a medical
laboratory, the sink referred to in paragraph (8) shall be in the
form of a fixture that is so constructed as to permit flushing of
the eyes, the body and clothes with large quantities of water
so as to neutralize any hazardous or corrosive substances in
case of an accident.
(11) Every health facility shall have a sufficient
number of flush toilets and washrooms or latrines to handle
the number of patients and employees of the facility and such
toilets and washrooms or latrines shall be conveniently
located for the patients and employees.
15. (1) In every health facility there shall be sufficient
storage space for patient records and pharmaceutical
supplies.
(2) Every health facility shall establish a
preventative maintenance programme to ensure that the
equipment required by any manufacturer to be checked or
calibrated is done with a frequency that is in accordance with
the specifications of the manufacturer.
(3) Biological and other supplies requiring
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 47
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Rights of
patients.
refrigeration shall be stored in a refrigerated enclosure and
the refrigeration system should have a continuous
temperature monitoring system.
(4) Infectious materials shall be stored in clearly
marked containers designed specifically for storage of
infectious waste that meet the requirements specified by the
Guyana Bureau of Standards.
(5) Flammable liquids in excess of ten gallons
shall be contained in a storage cabinet with a capacity of at
least sixty gallons that meets the requirements of the Guyana
Fire Service.
(6) “No smoking” signs shall be posted at areas in
which flammable gases or liquids are stored.
(7) Every health facility shall install in its premises
approved fire extinguishers in good working order in the
number required by the Guyana Fire Service.
16. (1) Every health facility shall provide the patients
with considerate and respectful care at all times and under all
circumstances with due regard to their personal dignity.
(2) No patient shall be denied privacy concerning
any matter related to the medical history of the patient.
(3) Patients shall be provided with care that is
appropriate in the circumstances.
(4) Patients shall be informed of the identity and
professional status of persons providing them care.
(5) The person who is responsible for coordinating
a patient’s care shall provide information to the patient or his
authorised relative attending to him with respect to the
LAWS OF GUYANA
48 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Consent.
c. 32:05.

patient’s diagnosis, current prognosis, if known any treatment
or procedures to be undertaken.
17. (1) Except where otherwise provided under the
provisions of the Medical Termination of Pregnancy Act, no
treatment or procedure shall be performed in a health facility
on a patient without the voluntary, competent and informed
consent of the patient or, where the patient is a minor, the
consent of a relative, legal representative or guardian of the
patient.
consent” includes advising the patient in terms that can be
understood by the patient of the risks, benefits and
alternatives of all proposed treatments or procedures.
(3) Every consent under this regulation shall be in
writing.
(4) Where a patient is unable to give informed
consent because the patient is physically impaired, mentally
impaired, debilitated or incompetent in any other way so as
not to be able to give informed consent, written consent shall
be obtained from a relative or legal representative of the
patient prior to the administration of the treatment or
procedure on the patient.
(5) Where a patient is illiterate but is otherwise
able to give informed consent, the patient may give written
consent by marking the consent form with the patient’s mark
and having it witnessed.
(6) When a patient is unable to give informed
consent, and there is no relative, legal representative,
guardian or other person designated by the patient for this
purpose and delay in medical treatment would endanger the
life or a limb of the patient, the consent of the patient may be
(2) For the purpose of paragraph (1), “informed
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 49
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Policies and
procedures.

presumed, unless it is obvious from a previous declared
expression of the patient that consent would be refused in the
situation.
18. Every health facility shall have written policies
and procedures that specify the scope and conduct of the care
and services that it provides and those shall include at least –
(a) the mechanism used to inform a client
of the medical practitioner or other
health care personnel responsible for
the care of the client;
(b) the keeping of patient medical
records, including a reference to the
confidentiality of patient information,
the safeguard of medical records, the
release of information to authorized
individuals and any consent required
for treatment of a patient or the
administration of any procedure on a
patient;
(c) the scope of treatment and procedures
to be performed in patient care areas,
including general and specific
treatments and procedures that may
be performed;
(d) the mechanism for the provision of
care to a minor not accompanied by a
parent or guardian;
(e) the location and storage of
medications, supplies and equipment;
(f) the dispensing of medication in
LAWS OF GUYANA
50 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Sanitation and
safety.
c. 99:06

c. 20:05
accordance with legal requirements
and the responsibility for maintaining
the integrity of an emergency drug
supply;
(g) infection control measures;
(h) the methods used to ensure that the
facility is sanitary and free from
nuisance;
(i) the methods used by the facility to
ensure that the safety and well being
of patients and employees are
assured; and
(j) the mechanism used to make reports
to the Ministry of Health.
19. (1) The occupational safety and health of persons
at work in every health facility shall be the same as are
required under the Occupational Safety and Health Act.
(2) Every health facility shall be smoke free and
the licensee shall ensure that no person smokes or holds
lighted tobacco in the facility or in the nine metres radius
surrounding any entrance or exit to the facility.
(3) The premises of every health facility shall be
kept in a clean and hygienic, sanitary condition and free from
nuisance in accordance with the Environmental Protection
Act and any other law.
(4) Syringes, needles, lancets or other blood-
letting devices capable of transmitting infection from one
person to another shall be disposed of in accordance with the
requirements of the Guyana Solid Waste Management
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 51
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Disposal of
infectious and
radioactive
wastes.

Division of the Ministry of Local Government.
(5) Every health facility shall ensure that linen,
gauze, bandages or any other material that is contaminated
with blood or other bodily fluid shall be treated as infectious
waste in accordance with regulation 14.
(6) Any specimen collected from a patient that is
transported locally in Guyana shall be transported in
accordance with the requirements of the Guyana Solid Waste
Management Division of the Ministry of Local Government.
(7) Any specimen collected from a patient that is
transported abroad for assessment shall be shipped in
accordance with shipping guidelines as set out in IATA
Regulation 650.
20. (1) Infectious waste, other than the infectious
waste referred to in regulation 19(4), shall be kept separately
from other wastes and shall be –
(a) stored in double impervious plastic
bags that are each at least 2mm. in
thickness, that are securely fastened,
that are conspicuously marked
“infectious waste” and that when full
do not exceed 25 pounds in weight;
(b) transported in receptacles that are
conspicuously marked “infectious
waste”;
(c) processed to render the waste
harmless or shall be held for pick-up
in specially marked non-metal
containers separate from regular
waste;
LAWS OF GUYANA
52 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
Blood Banks to
comply with
Part III.
(d) secure from unauthorized persons;
(e) secure from birds and animals;
(f) removed otherwise than by
mechanical means or compacted;
(g) deposited other than in any sanitary
landfill; and
(h) disposed of in accordance with the
requirements of the Guyana Solid
Waste Management Division of the
Ministry of Local Government.
(2) Broken or leaking bags of infectious waste
shall not be permitted to be transported from a health facility
unless it is re-bagged in accordance with these Regulations.
(3) Where trash that may constitute a hazard to
any person or thing is compacted and the integrity of the
container is compromised, the container shall be handled as
infectious waste under this regulation.
(4) All radioactive wastes shall be stored,
transported and disposed of in accordance with the
requirements of the Guyana Solid Waste Management
Division of the Ministry of Local Government.
(5) This regulation does not apply to articles that
are dirty or contaminated but are intended to be reused after
they have been cleared and sterilized.
PART III
BLOOD BANKS
21. (1) Every licensee of a health facility that is
licensed as a Blood Bank shall ensure that the requirements of
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 53
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Staff.

Procedure.

Diagnostic
imaging
facilities to
comply with
Part IV.

Staff.

Policies and
procedures.
this Part are met.
(2) Every licensee of a health facility that contains
a Blood Bank and every person who operates a Blood Bank
under section 5 of the Act shall also ensure that the
requirements of this Part are met.
22. Every Blood Bank shall be under the supervision
and direction of a medical practitioner or a pathologist.
23. Every Blood Bank shall meet the requirements of
the Caribbean Regional Standards for Blood Banks and
Transfusion Services, 2001, as amended from time to time.
PART IV
DIAGNOSTIC IMAGING FACILITIES
24. (1) Every licensee of a health facility that is
licensed as a diagnostic imaging facility shall ensure that the
requirements of this Part are met.
(2) Every licensee of a health facility that provides
diagnostic imaging services and every person who operates a
diagnostic imaging service under section 5 of the Act shall
also ensure that the requirements of this Part are met.
25. Every facility having a diagnostic imaging facility
shall be under the direct supervision of a medical practitioner.
26. (1) Every diagnostic imaging facility shall have
written policies and procedures for monitoring and
evaluating the effective management, safety and operation of
imaging equipment so as to minimize the risks of the patients,
personnel and the public and maximize the quality of the
diagnostic information.

LAWS OF GUYANA
54 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

(2) The premises of every health facility that has
an x-ray department or unit shall conform to the following
structural requirements for protection from radiation –
(i) radiation protection for the walls of the
facility shall be a lead equivalent of 2mm;
(ii) where there is a room above the facility,
radiation protection in the ceiling of the
facility shall be a lead equivalent of 2
millimetres.
(iii) where there is a room below the facility,
radiation protection in the floor of the
facility shall be a lead equivalent to 2
millimetres.
(3) For the purposes of paragraph (2), a lead
equivalent of 2 millimeters means –
(a) a single brick wall at least nine inches
thick;
(b) a six inch thickness of solid concrete;
or
(c) two millimetres of lead sheeting.

(4) An x-ray department or unit shall consist of an
x-ray room that is at least 18 square metres, a darkroom that
is at least 7.5 square metres and an office or storeroom that is
at least 8 square metres in size.
(5) The waiting areas and change rooms shall be so
situated that it prevents exposure to radiation.
(6) Radiation protection for patients shall consist of
gonad shields or lead rubber aprons where it is necessary to
support a patient during an examination.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 55
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
(7) Radiation protection for operations shall consist of

(a) radiation monitoring badges from a
recognized company or organization;
(b) lead rubbers, aprons and gloves when
the operator is in the x-ray room with
the patient;
(c) a control desk that is behind a lead
protective screen with a lead glass
window for the operator to stand
behind; and
(d) radiation equipment so installed that
it does not point to the control panel.
(8) The performance of equipment shall be monitored
and calibration of machines shall be checked by a medical
physicist at least every six months in accordance with the
specifications of the manufacturers and the records of such
monitoring and calibration shall be kept in the health facility
and shall be readily available upon the request of an
inspector.
(9) Machines in the X-ray requiring calibration shall
be calibrated as soon as practicable.
(10) Images shall be clearly labeled with the
examination date, patient’s identification and image
orientation and a written report of the image results shall be
included with the patient’s medical record.
(11) X-rays shall be taken by a diagnostic
radiographer and shall be interpreted by a radiologist or,
where no radiologist is available, by a medical practitioner.

LAWS OF GUYANA
56 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Dialysis clinics
to comply with
Part V.
Staff.

Policies and
procedures.

Nursing
station.

Dialysis
treatment area.
(12) The X-ray equipment shall be grounded.
PART V
DIALYSIS CLINICS
27. (1) Every licensee of a health facility that is
licensed as a dialysis centre or as a dialysis clinic shall ensure
that the requirements of this Part are met.
(2) Every licensee of a health facility that includes
a dialysis clinic and every person who operates a dialysis
clinic shall ensure that the requirements of this Part are met.
28. Every health facility licensed as a dialysis center
or that includes a dialysis clinic shall be under the direct
supervision of a nephrologist.
29. (1) Every health facility providing dialysis services
to patients shall have written policies and procedures for
maintaining, monitoring and evaluating management, safety
and operation of equipment in the facility and of services
provided in the facility.
(2) The policies and procedures referred to in
paragraph (1) shall be so designed as to minimize the risks of
the patients, personnel and the public and to maximize the
quality of dialysis care.
30. Every dialysis clinic shall have a central nursing
station.
31. (1) In every dialysis clinic, there shall be an
adequate number of sinks for implementing precautionary
measures relating to infection control according to standards
established by the American Professions of Infection Control
until alternate standards to be followed in Guyana are laid
down by the Minister.
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 57
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Infection
control.

Water control.

Hospitals to
comply with
Part VI.
(2) Walls and floors shall be smooth and washable
so that decontamination procedures can be carried out easily.
(3) Every dialysis clinic shall ensure that in
addition to the dialysis treatment area the following areas in
the clinic are clearly defined –
(a) clean up area;
(b) clean supply room;
(c) equipment storage;
(d) water treatment area;
(e) lockers and bathrooms for patients
and staff;
(f) general reception area;
(g) waiting room for patients and visitors.
32. Used blood-lines and dialysers shall be treated as
infectious waste in accordance with regulation 20.
33. The quality of water used in the dilution of
dialysis concentrate shall be in accordance with AAM1 water
treatment equipment and quality recommendations for
dialysis until alternate standards to be followed in Guyana
are laid down by the Minister.
PART VI
HOSPITALS
34. Every licensee of a health facility that is licensed
as a hospital and every person who operates a health facility
as a hospital under section 5 of the Act shall ensure that the
LAWS OF GUYANA
58 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
Staff.

Accommoda-
tion.

Governance
and
administration.

requirements of this Part are met.
35. Every hospital shall have a team of medical staff
and the medical staff shall be under the direct supervision of
a medical practitioner.
36. Every hospital shall have ready access to –
(a) a licensed medical laboratory, either
on or off the premises;
(b) a licensed Blood Bank, either on or off
the premises.
37. (1) Every hospital shall be governed by a policy
making body and its by-laws shall include a written
administrative medical care in the hospital.
(2) Every hospital shall designate a person who is
responsible for and accountable for continuing medical care
in the hospital.
(3) The by-laws of every hospital shall –
(a) provide for a manual of
administrative procedures to be
employed by the hospital;
(b) require a personnel office that
contains a list of all medical
practitioners and paramedical
professionals on the hospital staff
with their qualifications and training;
(c) require staff meetings at least once a
month and the meetings shall include
all categories of staff;
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 59
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
(d) set out the visiting hours of the
hospital and require them to be
prominently displayed to the public;
(e) require a medical practitioner, or
where a medical practitioner is not
available, a medex, to be on duty
twenty-four hours per day;
(f) require daily rounds of the wards of
the hospital;
(g) provide that a specific person or
persons shall be responsible during
daily rounds for following up on each
patient who is admitted to the
hospital;
(h) require that the staff on duty in the
hospital shall know how to contact all
medical staff who are on duty at any
particular time;
(i) provide for written procedures to deal
with the preparation and sterilization
of all materials of the hospital;
(j) provide for written procedures to
ensure that cleaning takes place in
standardized fashion including
instruction for the use of disinfectants
and the elimination of biological and
other wastes;
(k) provide for a designated individual
who shall be responsible for ensuring
that the hospital is cleaned on a daily
LAWS OF GUYANA
60 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Emergency
services.


Food services.

basis; and
(l) require the establishment of a
protocol to deal with highly
contagious diseases.
38. (1) Every hospital shall have an emergency
department that is located at a specific easily accessible
dedicated site at the hospital and that has a medical
practitioner and a nurse available on duty twenty-four hours
a day with the duty chart prominently displayed at a
conspicuous place.
(2) The emergency service shall have adequate
provision of life saving First Aid medicines and equipments.
(3) The emergency service at a hospital shall
include an arrangement to refer the patient to the nearest
facility that has the capability of providing the specialty
service required by the patient.
39. (1) Food services in a hospital shall be supervised
by a dietician or food service supervisor who shall maintain
or ensure the maintenance of a list of diets appropriate for the
pathology of the types of patients served by the hospital.
(2) A diet manual shall be available at all times.
(3) Each food service worker shall be –
(a) the holder of a valid food handlers
certificate issued by the municipality
or public health department where
the worker is employed, as the case
requires; and
(b) so dressed as to make him easily
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 61
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Sterilization.

identifiable as a food service worker.
(4) The food preparation area in a hospital shall be

(a) so constructed that all external
openings to the area are fly-proof; and
(b) restricted to food service workers
only.
(5) Patients on special diets shall not be permitted
to receive food from sources external to the hospital except as
provided in paragraphs (6) and (7).
(6) Where the food service in a hospital is
contracted out, the hospital shall ensure that –
(a) all patient diets are monitored by a
dietician or food service supervisor;
and
(b) the contract with the external supplier
provides for inspection under the Act.
(7) When any relative of a patient or other person
desires to bring food for a patient he shall consult and obtain
prior permission of the competent authority of the hospital.
(8) Food for patients shall be covered from the
time it leaves the food preparation area until it reaches the
patient.
40. (1) Every hospital shall have access to a specific
dedicated site for the preparation and sterilization of
materials of the hospital.
(2) The sterilization equipment shall consist of an
LAWS OF GUYANA
62 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Dispensing of
drugs.



Registers and
indexes.
autoclave, instrument sterilizer and a stove or oven and shall
be tested regularly and at least twice a year to ensure that
they are in proper working order to sterilize the materials
being placed in them.
41. (1) Every hospital shall have a specific site that is
dedicated for the pharmacy and the site shall provide for the
conservation and refrigeration of drugs.
(2) The pharmacy in a hospital shall be
administered and controlled by a pharmacist who provides
drugs to in-patients and to out-patient clinics of the hospital
on a restricted schedule to be fixed by the hospital
administration and to the emergency department on a
twenty-four hour basis.
(3) The hospital pharmacist shall keep a
medication profile for each patient receiving drugs from the
pharmacy.
42. (1) Every hospital shall keep the following
registers –
(i) a register of admissions and
discharges for both in-patients and
out- patients;
(ii) an emergency department register;
(iii) an operating room register;
(iv) a maternity ward register;
(v) a register of births;
(vi) a register of deaths.

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 63
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Occupational
Safety and
Health Act.
c. 99:09


Quality
assurance.

(2) Every Hospital shall keep the following
indexes –
(i) a master index of patients;
(ii) an operating index;
(iii) a disease index;
(iv) a staff index.
43. (1) The administrator of every hospital shall
ensure that one or more health and safety representatives are
chosen from amongst the staff in the hospital in accordance
with the provisions of the Occupational Safety and Health
Act.
(2) No person shall be employed by a hospital
unless the person has been medically examined by a medical
practitioner provided by the hospital and found fit for
employment.
44. (1) In addition to the by-laws referred to in
regulation 37, every hospital shall have by-laws that establish
a quality assurance programme for the hospital that evaluates
the quality of care being provided to patients of the hospital
on an on-going basis against a prevailing and accepted
standard of professional care.
(2) Every quality assurance programme referred
to in paragraph (1) shall –
(a) ensure that all patient care services
are efficiently rendered, readily
available and properly documented;
(b) ensure that all hospital staff are
ethically, professionally, competent
and duly qualified for their particular
duty in the hospital;

LAWS OF GUYANA
64 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Housekeeping.


Out-patient
(c) establish a system to evaluate the
hospital’s facilities, manpower,
necessary drug supply and physical
safety of workers;
(d) establish protocols to investigate and
resolve problems that could
negatively impact on the quality of
patient care;
(e) establish a system of setting priorities
to deal with quality assurance issues
to ensure that the problems are
investigated and resolved so that the
issues may not negatively impact on
the quality of patient care; and
(f) establish a system of monitoring,
evaluating and documenting the
results of the hospital quality
assurance programme.
45. (1) All floors of the hospital shall be washed at
least once a day with cleaning agents recommended or
consistent with the recommendations of the manufacturer of
the flooring.
(2) Dry sweeping shall not be permitted except in
areas meant for out-patients.
(3) Every hospital shall have suitably protective
clothing available for staff who may have to come into contact
with highly infectious patients or materials.
PART VII
OUT-PATIENT CLINICS
46. Every licensee of a health facility that is licensed
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 65
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
clinics to
comply with
Part VII.

Policies and
procedures.


Maternity
wards to
comply with
Part VIII.

Staff.


Competent
staff to manage
maternity care.
as an out-patient clinic and every person who operates an
out-patient clinic under section 5 of the Act shall ensure that
the requirements of this Part are met.
47. (1) Every out-patient clinic shall exhibit at a
conspicuous place the names and qualifications and
specializations, if any, of the medical practitioners who are
available at the clinic and the times at which they are
available.
(2) Every out-patient clinic shall have written
policies governing visiting of patients at the clinic.
(3) Every out-patient clinic of a hospital shall be
under the directions of its medical director or a designated
medical practitioner of the hospital.
PART VIII
MATERNITY WARDS IN HOSPITALS AND HEALTH
CENTRES
48. Every licensee of a health facility that is licensed
as a hospital or health centre that operates a maternity ward
and every person who operates a maternity ward under
section 5 of the Act shall ensure that the requirements of this
Part are met.
49. (1) Every maternity ward in a hospital shall be
under the supervision and direction of a medical practitioner.
(2) Every maternity ward in a health centre shall
be under the supervision and direction of a medical
practitioner or a medex or a staff nurse or a midwife.
50. (1) The patients in labour in a maternity ward
shall be managed by a staff nurse or midwife under the direct
supervision of the medical practitioner or medex who is
LAWS OF GUYANA
66 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012


Accommoda-
tion.
responsible for the care of patients.
(2) Where the medical practitioner or medex
referred to in paragraph (1) is not specially trained in
obstetrics, the facility shall, where feasible, have an
established written agreement with an obstetrician to provide
twenty-four hours of direct consulting access for the
(3) Nursing and maternity care in a hospital shall
be set out in an organisational chart and the maternity ward
shall meet the following criteria –
(i) Evidence of current registration of all
nurses and midwives shall be
available on request.
(ii) A roster of nurses and midwives on
various shifts within each twenty-
four hour period for the week shall be
available upon request.
(iii) Vital signs of each patient shall be
observed and recorded on each
patient’s chart at least once in 24
hours or as often as is required in the
circumstances.
all times –
(a) at least one delivery room; and
(b) operable resuscitation equipment
including a supply of oxygen and
suction apparatus commensurate with
the number of patients in the facility.
physician referred to in paragraph (1).
51. Every maternity ward shall have and maintain at
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 67
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
Surgical
operations.

Medical
laboratories to
comply with
Part IX.

Staff.

Scope of
service.


Collection of
specimen.

52. Every maternity ward in which surgical
operations are performed shall meet the requirements of Part
XII (Surgical Centres).
PART IX
MEDICAL LABORATORIES
53. (1) Every licensee of a health facility that is
licensed as a medical laboratory shall ensure that the
requirements of this Part are met.
(2) Every licensee of a health facility that contains
a medical laboratory and person who operates a medical
laboratory under section 5 of the Act shall ensure that the
requirements of this Part are met.
54. (1) Every medical laboratory shall be under the
supervision and direction of a medical practitioner.
(2) Every medical laboratory shall have on staff
medical laboratory technicians who are qualified to perform
the procedures undertaken by the laboratory.
(3) At least one medical laboratory technologist
shall be available on the premises of a medical laboratory
during all hours when laboratory tests are performed.
55. Every medical laboratory shall display a list of all
tests that are carried out by the facility along with the details
of fees chargeable for each test and those tests that are carried
out by any other facility on behalf of the laboratory.
56. (1) The collection of specimens shall only be
performed under the general supervision of the laboratory
director or a medical laboratory technologist.
(2) Every medical laboratory shall post in a
conspicuous place in the laboratory, written instructions for
LAWS OF GUYANA
68 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
Records and
reports.

Policies and
procedures.

the handling, timings of collection of samples or specimen,
preservation, storage arid transportation of specimens and
timing of delivery of test reports.
57. (1) Every medical laboratory shall keep records
and reports of all tests undertaken at the health facility and
those that are carried out by any other health facility on
behalf of the laboratory.
(2) True copies of all records and reports of tests
performed including the reports received from another
laboratory, shall be kept on the premises of the requesting
laboratory and the laboratory that performed the tests, for a
period of ten years.
(3) The records and reports referred to in this
regulation may be kept in electronic form provided they can
be reproduced in a readable form at any time during the
period of retention in terms of paragraph (2).
(4) The records and reports referred to in this
regulation shall be made available to an inspector upon
request.
58. (1) Every medical laboratory shall have written
policies and procedures that address the following matters –
(i) quality system requirements;
(ii) organization;
(iii) purchasing of equipment and
supplies;
(iv) complaints against the laboratory;
(v) review of requests;
(vi) control of non-conforming work and
corrective and preventive action;
(vii) control of records and documents;
(viii) quality assurance and management
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 69
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L


Reportable
disease.

Accommodat-
ion.


reviews;
(ix) safety;
(x) personnel;
(xi) accommodation and environmental
conditions;
(xii) test methods and sampling;
(xiii) equipment;
(xiv) handling of tests and calibration of
instruments;
(xv) assuring quality of test results and
reporting of test results.
(2) A medical laboratory shall not to be used
unless it is certified by the Guyana Bureau of National
Standards as meeting the requirements of paragraph (1).
59. (1) Every medical laboratory shall report to the
Ministry of Health the particulars of those tests that a medical
practitioner is required to report under the existing laws.
(2) A medical laboratory reporting under
paragraph (1) shall ensure the confidentiality of all
information reported.
60. (1) All medical laboratories shall be well
ventilated and, where possible, air conditioning that is
independent from the rest of the facility shall be used.
(2) In every medical laboratory which uses toxic
and volatile chemicals, fume hoods that safely vent out toxic
and vapors shall be installed.
(3) At the premises of every medical laboratory
fire blankets with instructions for proper use shall be kept on.
(4) In every medical laboratory written fire control
and evacuation plans together with clearly marked fire escape
routes shall be posted in one or more conspicuous places.
LAWS OF GUYANA
70 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Oncology
clinics to
comply with
Part X.
Requirement
of medical
practitioner
and staff.



Examination of
tissues.

(5) Every medical laboratory that uses electronic
equipment requiring electrical power shall have emergency
power available during a power failure to provide for
refrigeration of those things required to be refrigerated under
this regulation and to supply heat, if required in the
circumstances.
PART X
ONCOLOGY CLINICS
61. Every licensee of a health facility that is licensed
as an oncology clinic shall ensure that the requirements of this
Part are met.
62. (1) A health facility that is licensed as an oncology
clinic and every person who operates an oncology clinic
under section 5 of the Act shall be under the supervision and
direction of a medical practitioner with specialty training in
oncology.
(2) A clinic in which medical oncology is provided
shall be under the supervision and direction of a medical
practitioner with specialty training in medical oncology and
shall also have on staff, registered nurses with specialty
training in medical oncology.
(3) A health facility that is licensed as an oncology
clinic shall have on duty during the hours of operating, at
least one member of staff who is a medical practitioner with
specialty training in oncology or a registered nurse with
special training in oncology.
63. (1) The tissue that is removed from a patient in an
oncology clinic shall be sent to a pathologist for an
examination.
(2) If on examination of the tissue, the pathologist
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 71
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L

Administration
of chemothera-
peutic agents.



Pathology and
clinical
laboratories to
finds any malignancy, it shall be reported to the oncology
clinic and the oncology clinic shall place a copy of the report
in the record of the patient and report the fact to the Ministry
of Health.
64. (1) Every health facility in which chemotherapy is
administered shall have written policies and procedures with
respect to the preparation of drugs that ensures the safety of
the members of the staff and patients.
(2) Specimen preparation shall only be carried out
by a medical practitioner, a pharmacist, or a registered nurse
who has specialty training in oncology and in the
administration of chemotherapy drugs.
(3) Every health facility in which chemotherapy is
administered shall have written policies and procedures for
the management of adverse effects of such treatment on
patients.
(4) Every health facility in which chemotherapy is
administered shall obtain a written consent from the patient
or a legal representative of the patient before administering
chemotherapy drugs.
(5) Where a patient is receiving chemotherapy
drugs at home, the health facility shall provide instructions to
the patient or, where applicable in the circumstances, to any
other person who may be assisting the patient or
administering the drugs to the patient.
PART XI
PATHOLOGY AND CLINICAL LABORATORY
FACILITIES
65. Every licensee of a health facility that is licensed
as a pathology and clinical laboratory facility and every
LAWS OF GUYANA
72 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
comply with
Part XI.

Accommod-
ation.


Tracings.

Surgical centres
to comply with
Part XII.

Supervision
and staff.

Policies and
procedures.
person who operates a pathology and clinical laboratory
under section 5 of the Act shall ensure that the requirements
of this Part are met.
66. Every pathology and clinical laboratory facility
shall designate separate areas for the procurement and
storage of specimens and placing of infectious waste for
disposal.
67. Every pathology and clinical laboratory facility
shall ensure that abnormal ECG tracings shall be confirmed
by an internist or a cardiologist.
PART XII
SURGICAL CENTRES
68. Every licensee of a health facility that is licensed
as a surgical centre and every hospital that operates a surgical
centre and every person who operates a surgical centre under
section 5 of the Act shall ensure that all the requirements of
this Part are met.
69. (1) Every surgical centre shall be under the
supervision and direction of a medical practitioner.
(2) Every surgical centre where general
intravenous or any other type of a regional anesthesia is being
administered shall have on staff an anesthesiologist, a nurse
and an anesthetist or a medical practitioner with specialty
training in anesthesiology.
70. (1) Where surgical procedures are provided in an
ambulatory care setting, the surgical centre shall have written
policies and procedures that are consistent with those
applicable to in-patient surgery, anesthesia, and post-
operative recovery.

LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 73
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
(2) The policies and procedures referred to in
paragraph (1) shall include –
(a) the types of elective operative
procedures that may be performed in
the centre and the locations where
they may be performed;
(b) the scope of anesthesia services that
may be performed in the centre and
the locations where such anesthesia
services may be administered;
(c) the available pre-operative and post
operative transportation;
(d) the available post-operative care
including post anesthesia recovery;
(e) standardized procedures for
operating and maintaining operating
rooms and instruments;
(f) procedures for cleaning and
disinfecting surgical areas between
operations; and
(g) protocols for regular microbiological
testing of the surgical area.
(3) Every patient in a surgical centre who receives
anesthesia, other than local anesthesia, shall be examined
before discharge and shall be accompanied home by a person
designated by the patient or the person taking care of the
patient.
(4) The examination referred to in paragraph (3)
LAWS OF GUYANA
74 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012

Physical
requirements.

Patient’s
history to be
recorded.
Description of
operation in
shall be performed by a medical practitioner or a dental
surgeon, as the case requires.
(5) When a patient is discharged from a surgical
centre, the centre shall provide written instructions for follow
up care to the patient or other person providing care to the
patient including directions for obtaining an appropriate
medical practitioner or dental surgeon for post-operative
problems.
(6) Whenever feasible, a family member shall be
available to pediatric patients during the pre-operative and
post-operative periods.
71. (1) In every surgical centre, the surgical areas shall
be separate and distinct from the rest of the health facility.
(2) A site separate from the surgical area shall be
set aside for use of the surgical staff and nursing staff for
washing and hanging of clothes.
(3) Every surgical centre shall have emergency
power supply available during power failures.
72. (1) Before a patient is submitted to any anesthetic
or undergoes any surgical operation, the patient’s history, the
results of any physical examination and a written pre-
operative diagnosis shall be recorded in the patient’s record
by the operating surgeon or any medical practitioner so
authorized by the surgeon.
(2) Where in the opinion of the operating surgeon,
compliance with subsection (1) would result in delay and
detrimental to the patient, the surgeon shall so state in writing
and shall record and sign only the pre-operative diagnosis.
73. Every operation performed in a surgical centre
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 75
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
patient’s
medical record.

Operations
register.

Anaesthetic.

Surgical
procedures.

Examination of
tissues.

shall be concisely described in medical writing by the
operating surgeon or his assistant and such written
description shall form part of the patient’s medical record.
74. Every surgical centre shall keep an operation
register showing the name of the patient, the date and nature
of the operation, the name of the surgeon, the name of the
anesthesiologist or nurse anesthetist given and the time the
operation began and was completed.
75. The anesthesiologist or nurse anesthetist shall
furnish to the surgical centre, a record showing the type of
anesthetic given, the amount used, the length of time the
anesthetic was administered to the patient and the condition
of the patient following the operation.
76. An accurate and completed description of the
techniques and findings of every operative procedure
performed at a surgical centre shall be dictated or written
immediately following surgery by the surgeon who
performed the operation.
77. (1) Any tissue removed from a patient during an
operation or during oral surgery shall be set aside, preserved
and labeled by the operating surgeon and sent to a Medical
Laboratory for examination by a pathologist.
(2) The report of the pathologist received by the
Surgical Centre shall become part of the patient’s medical
record and all abnormal findings reported by the pathologist
shall be reported to the Chief Medical Officer.
____________________

LAWS OF GUYANA
76 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
FORM I
APPLICATION FOR ISSUANCE OF A LICENCE TO
ESTABLISH AND OPERATE/CONTINUE TO OPERATE A
HEALTH FACILITY UNDER THE HEALTH FACILITIES
LICENSING ACT (Cap. 33:03)
To
The Minister of Health,
Guyana, Georgetown.

I /We hereby apply on behalf of ………………(name of the
Health Facilities Licensing Act to establish and

Diagnostic Imaging Facilities
Dialysis Centres or Dialysis Clinic
Health Centres
Hospitals
Human Tissue Banks
Maternity Wards
Medical Laboratories
Nursing Homes
Oncology Clinics with Radiation Therapy
Pathology and Clinical Laboratory
Surgical Centres
Any other health facility as prescribed under section 2 of the
Act:
I/We furnish the following information relating to the
proposal:

1. Full Name of the applicant and in case the
applicant is an individual, his qualifications and
Reg. 5(2), 5(3)
person/company/firm ) for issuance of a licence under the
operate/continue to operate the following health facility:-
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 77
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
occupation:
2. Postal address of the applicant with telephone
number(s):
3. Name of the health facility:
4. Date from which the health facility has been
established/proposes to be established:
5. Particulars of the business and professional
experience of the person(s) submitting the
proposal:
6. Description of the location and postal address of
or proposed to be established:
7. A statement of the interest of the applicant in the
and operate/continue to operate a health facility is
applied for:
8. Details including nature and cost of the services to
be provided in the health facility:
9. Details of physical requirements of the proposed
Health facility:
10. Projected planning, capital and operating cost of
the health facility:
11. Revenue source (s) of the costs:
12. Financial viability of the health facility:
13. Role of the proposed health facility and services
the building(s) where the health facility is situated
building in respect of which the licence to establish
LAWS OF GUYANA
78 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
proposed to be offered in it in the context of the
National Health Plan and other Action Plans of
the Ministry of Health:
14. Details of the system that will be established to
ensure the monitoring of the results of the
service(s) to be provided in the health facility:
15. Details of the nature, source and training of the
professional staff proposed for the health facility:
16. Detailed drawing/ sketch plan of the building and
other structures of the health facility proposed to
be utilized:
17. Date from which the health facility is proposed to
be established and operated:
18. A statement of sanitary arrangements, ventilation
and water supply of the building:
19. A statement as to the arrangements, if any, for
feeding of patients:
20. A statement on the fire escapes of the building and
the facilities provided for use in case of fire:
21. If it is proposed to offer services in surgery,
gynaecology or obstetrics, a statement as to the
type of surgery, gynaecology or obstetrics to be
performed and as to the facilities and equipment
which are to be provided in the building for these
purposes including facilities for anaesthesia:
22. The number of professional and administrative
staff of the facility and the qualification of each
member of such staff (existing and proposed to be
LAWS OF GUYANA
Health Facilities Licensing Cap. 33:03 79
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012 L
filled up separately):
23. Any other information relevant to the
requirements and limitations specified in the
request for the proposal determined by the
Minister of Health:
24. A statement as to the classes of patients, if any,
proposed to be admitted:
25. Details of payment of prescribed fee for licence:
26. Any other information which the applicant
considers relevant for the proposal:
27. List of enclosures:
I/We hereby certify that the above particulars are correct and
best to my/our knowledge.
…………………………..(A)
Place: (Signature )
Date:
..............………………….(B)
(Signature )
______________
FORM II
(National Emblem)
LICENCE TO ESTABLSH AND OPERATE/CONTINUE TO
OPERATE HEALTH FACILITY UNDER THE HEALTH
Reg. 7(3), 7(4)
FACILITIES LICENSING ACT (Cap. 33:03)
LAWS OF GUYANA
80 Cap. 33:03 Health Facilities Licensing
[Subsidiary] Health Facilities Licensing Regulations
L.R.O. 1/2012
………………………………………………………….
to establish and operate/continue to operate a health facility
of……………….. from ……..20 … to 20….
(here specify the relevant prescribed category of health
facility) in accordance with the Health Facilities Licensing Act
subject to the following terms and conditions and to
such additional conditions as may be endorsed on the back of
Terms and conditions:
Place:
Date : Signature and seal of
Licensing Authority.
_____________________
Provisional/Final Licence is granted to
this licence: