Revised Laws of Saint Lucia (2021)

Schedule

(Section 7)

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   1.   The full name, place of abode, qualifications and occupation of the applicant;

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   2.   A statement of the estate or interest of the applicant in the house in respect of which the licence is desired;

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   3.   A statement of the number of patients proposed to be admitted to the house and to each room or apartment of the house;

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   4.   A description of the situation of the house;

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   5.   A sketch plan of the house showing the location and the intended use of each room;

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   6.   A statement of the sanitary arrangements, ventilation, and water supply of the house;

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   7.   A full description of the fire escapes of the house and the facilities provided for use in case of fire;

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   8.   A statement as to the classes of patients proposed to be admitted;

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   9.   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 house for these purposes including facilities for anaesthesia;

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   10.   The number of staff and the qualification of each member of the staff of the proposed hospital.

CHAPTER 11.04
PRIVATE HOSPITALS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Private Hospitals Regulations – Section 21

(Statutory Instrument 21/1976)

Statutory Instrument 21/1976 .. in force 8 May 1976

ARRANGEMENT OF REGULATIONS

PRIVATE HOSPITALS REGULATIONS – SECTION 21

Commencement [8 May 1976]

1.   Citation

These Regulations may be cited as the Private Hospitals Regulations.

2.   Qualification of Superintendent

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   (1)   The superintendent of a private hospital shall possess such professional and other qualifications as in the opinion of the Board are necessary having regard to the operation of the said hospital, and shall without limiting the generality of the foregoing—

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      (a)     in the case of a private hospital that is licensed as a medical, surgical and maternity hospital, be a medical practitioner;

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      (b)     in the case of a maternity hospital, possess qualifications not less than those of a nurse-midwife or midwife;

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      (c)     in the case of a home for the care and accommodation of convalescent or chronically ill persons, possess qualifications not less than those of a nurse;

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      (d)     in the case of a hospital for the care of any specified disease, disorder or “illness, be a medical practitioner or nurse with special qualifications or experience approved by the Board;

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      (e)     be approved by the Board as physically and mentally fit.

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   (2)   Where the superintendent of a private hospital licensed under (b), (c) and (d) is not a medical practitioner, the Minister shall require that every case should be under the care of a medical practitioner on call and readily available in case of emergency.

3.   Staff – Qualifications and Adequacy

Medical practitioners not on the staff of the institution will be allowed to practise in the institution only with the permission of the superintendent of the Private Hospital, and provided that they are qualified to do so. The hospital staff shall consist of the registered licensed or enrolled persons and servants and employees as are in the opinion of the Board competent and qualified to give adequate care to the number and type of patients for which this licence is granted, provided however that in the case of private hospitals licensed under section 8(1) (a), (b) and (c) the ratio of nursing staff to patients on any one shift should be 4:20 of whom at least one should be a registered nurse. The remainder of the staff may be composed of nursing assistants and provided also that persons referred to in section 21(d) and servants and employees shall not directly care for the sick nor be employed to render services for which professional licensing is required.

4.   Provisions relating to the operation of a Private Hospital

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   (1)   A person shall not operate or cause to be operated any private hospital unless the building used for the purpose of a private hospital has the following requirements—

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      (a)     the floor area of each single room for the accommodation of a patient has not less than 80 square feet and a minimum ceiling height of 8 feet 6 inches;

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      (b)     where a room is to be occupied by more than one patient the space per bed shall be 48 square feet, basinet 25 square feet, basinet in isolation area 30 square feet;

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      (c)     each room used for the accommodation of patients has direct natural light by means of window or windows of an area equal to or not less than 20% of the floor area of the room;

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      (d)     water of a sanitary quality if supplied to the building and provided under sufficient pressure to all parts of the building;

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      (e)     there is installed a continuous supply of cold water and for the achievement of this purpose where necessary a reserve tank is installed. An adequate hot water system is also installed for the provision of an adequate supply of hot water;

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      (f)     provision is made for an adequate supply of potable water;

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      (g)     at least one water closet and one wash hand basin is provided for every 4 patients unless such facilities are provided in each room on such floor. Where such floor provides accommodation for both sexes there are 2 water closets and 2 wash hand basins for each sex at the opposite ends of such floor and where such arrangement is not possible, then the toilet facilities for each sex is effectively divided off by a wall or partition of a durable nature extending from the floor to the ceiling and in each case the compartment for each sex distinctly marked and lit at night;

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      (h)     at least one bath or one shower for each sex on each floor provided that such bath or shower is not provided in each room on such floor.

5.   Provisions relating to the operation of a surgical or maternity hospital

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   (1)   Without prejudice to regulation 4 of these Regulations no person shall operate or cause to be operated a private hospital providing the services of surgery except the following requirements are provided—

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      (a)     an operating suite suitably equipped to carry on the work of the hospital;

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      (b)     the provision of adequate equipment or facilities for the sterilisation of all instruments;

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      (c)     a suitable unit for the disposal of soiled dressings, organs, parts of organs and parts of the body removed in the course of an operation;

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      (d)     facilities for the removal of corpses from the hospital and a mortuary.

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   (2)   Without prejudice to regulation 4 of these regulations, no person shall operate or cause to be operated a private hospital as a maternity hospital except the following requirements are provided—

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      (a)     a delivery room;

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      (b)     a suitable nursery for the care of new born infants, such being equipped with suitable refrigeration and bottle sterilisation facilities;

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      (c)     suitable accommodation for the isolation of patients having puerperal infection;

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      (d)     adequate supply of oxygen and suction apparatus.

6.   Drugs and equipment

Without prejudice to the foregoing the superintendent of a private hospital shall keep adequate equipment and a supply of drugs to deal with the purposes for which the hospital is licensed and in this respect the superintendent shall supply the Chief Medical Officer with a quarterly return concerning such equipment and drugs as are kept at such hospital and the Chief Medical Officer may give directions on the receipt of such report as to the adequacy or otherwise of such equipment

7.   Maintenance

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   (1)   Each private hospital shall—

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      (a)     provide adequate lighting at all halls, stairways, passages and closet compartments;

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      (b)     standby lighting for use in the theatre and delivery room;

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      (c)     maintain all floors, wall and ceiling surfaces in a clean condition and a state of good repair at all times;

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      (d)     keep cellars and basements clear of waste combustible materials;

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      (e)     maintain the premises and contents thereof free from rodents, lice, bedbugs, cockroaches, flies and other insect pests;

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      (f)     maintain every yard area forecourt or other open space within the curtilage of the premises at all times in good order, thoroughly clean and in a sanitary condition.

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   (2)   The licensee and the superintendent are severally or jointly liable for the failure or contravention of the provisions of this regulation.

8.   Fire Hazards

The licensee of each private hospital shall carry out and comply with the requirements of the Chief Fire Officer with respect to means of escape and facilities to be provided for use in case of fire.

9.   Form of Licence

A licence to operate a hospital shall be on display on the premises of the hospital in such a location as to be readily seen by the public and shall be in the form of Schedule 2.

10.   Admission

The power to admit a patient to a private hospital shall be in the sole discretion of the superintendent and the superintendent of a private hospital may only admit any person as a patient who is likely to constitute a danger to other patients, whether by reason of contagion or any other cause if adequate precautions are taken and facilities are provided for the protection of such other patients.

11.   No Restraint of Patients

The superintendent of a private hospital shall not physically restrain any patient or cause or permit any patient to be physically restrained without the consent of a responsible guardian or relative, except in the case of an emergency where the patient is a danger to himself or herself and others.

12.   Preparation of Case Records

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   (1)   A medical record indicating the history with a report of the physical examination and a provisional diagnosis shall be written up by the examining physician within 36 hours of the patient's admission to the hospital.

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   (2)   The attending physician, after consultation with any other consultant and in keeping with the requisite ethical standards of the practice of medicine and surgery is responsible for the preparation of a complete medical record of every patient in a private hospital, which record shall contain inter alia, identification, complete present history, family history, physical examination, special reports including reports of consultation, laboratory tests and X-ray examinations, provisional diagnosis, medical or surgical treatment pathological findings, progress notes, reports of operations and anaesthesia final diagnosis, conditions of discharge and follow up records.

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   (3)   Every report of any consultant or any other person shall state clearly the particulars of the consultant or other person and shall be signed by the consultant or other person as the case may be.

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   (4)   The superintendent of every private hospital shall retain and preserve in a place of safe keeping all records relating to every patient in the hospital.

13.   Provisions relating to Welfare and Accommodation of Patients

The superintendent of a private hospital shall see that the following requirements are carried out as far as the welfare and accommodation of patients are concerned—

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   (a)     windows of bedrooms are equipped with blinds or curtains and window/blinds or curtains are maintained to ensure privacy;

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   (b)     each patient is provided with sufficient clean towels daily and an adequate supply of soap;

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   (c)     each bed is provided with pillows in clean pillow slips sheet, blankets and bed covers;

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   (d)     freshly laundered linen is provided for each incoming patient;

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   (e)     all bedsteads, spring mattresses, sheets, pillow slips and bedcovers are maintained in good repair and are in clean and insect free condition;

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   (f)     an adequate supply of toilet paper is provided for each toilet.

14.   Operations

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   (1)   Subject to subregulation (2) of this regulation, no surgical operation shall be performed on any patient in a private hospital without the consent in writing signed by the patient or his or her representative on the approved form (Schedule 1) or in the case of a minor by his or her parent or guardian. When sterilizing patients there should be a special consent form so worded that the surgeon can satisfy himself or herself that the patient understands the type of operation to be performed.

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   (2)   Where the patient is unable to give his or her consent and where the relative is not available and where in the opinion of the surgeon such delay would endanger the patient's life such consent is not necessary.

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   (3)   A history, physical examination and a written pre-operative diagnosis shall be recorded by the operating surgeon or any fully registered medical practitioner authorised by him or her before a patient is submitted to any anaesthetic or surgical operation.

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   (4)   Where the operating surgeon is of the opinion that the delay that would be occasioned in obtaining the information mentioned in paragraph (3) would be detrimental to the patient, he or she shall so state in writing, but in such an event, he or she shall record in writing and sign the pre-operative diagnosis.

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   (5)

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      (a)     Every operation performed in a private hospital shall be adequately described in writing by the surgeon or his or her assistant and such written description should form part of the patient's record.

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      (b)     The superintendent of every private hospital shall ensure that an Operation Register is kept showing the name of the patient, the date of the operation, the nature of the operation, the name of the surgeon, the name of the anaesthetist, the anaesthetic given and the time the operation began and was completed.

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   (6)   The anaesthetist shall be a registered medical practitioner and shall furnish a record showing the type of anaesthetic given, amount used, length of anaesthesia and the condition of the patient following the operation.

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   (7)   A surgical procedure shall not be performed in any private hospital which does not provide sterile equipment or facilities for sterilising instruments and other operative equipment to the satisfaction of an inspector.

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   (8)   A major surgical procedure shall not be attempted within a private hospital without a sufficient number of qualified assistants.

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   (9)   Any tissues or sections of tissue removed during an operation or curettage shall be immediately set aside by the surgeon operating and together with a short history of the case and a statement of the findings during the operation, shall be forwarded by the Superintendent to a laboratory approved by the Chief Medical Officer for examination, but any tonsil, appendix, tooth, frenum, haemorrhoid, finger, toe, hand, foot, arm or leg removed or amputated shall not be so forwarded unless the surgeon desires a special examination.

15.   Restraints : Improper use of name and publication of material

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   (1)   A private hospital shall not engage, in or permit its name to be used in or in connection with any undertaking, occupation, scheme or business other than that for which it is licensed, but this does not prevent a private hospital from permitting the use of part of its premises by any medical, para-medical or pharmaceutical personnel.

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   (2)   The superintendent of a private hospital may be called upon to submit any publication, writing, advertising or other material, including any letter-heads or cards, which is intended or likely to attract the attention of the public, to the Minister for his or her approval, and the Minister may refuse to approve any material which, in his or her opinion, is not in the interest of the public.

16.   Penalty

Any person who contravenes or fails to comply with any provisions of these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a period not exceeding 6 months or both.

Schedule 1

Schedule 2