Zimbabwe Gazettes Health Services Amendment Bill

The government has gazetted a significant amendment to the Health Services Act aimed at overhauling hospital services and patient rights across the nation. The Health Services Amendment Bill, released on Friday and set to be introduced in Parliament soon, seeks to align the Act with constitutional guarantees related to health care.

The amendment comes in response to the Declaration of Rights in Zimbabwe’s Constitution, which enshrines the right to health care for all citizens, including children, the elderly, the disabled, and war veterans.

The Bill acknowledges that while some rights, like emergency life-saving treatment, should be immediately enacted, others will be progressively implemented as resources permit.

A notable component of the amendment is its emphasis on patient rights. For the first time, the Act will explicitly define patient rights, including the absolute right to be fully informed and consulted about one’s condition and treatment. Patients will also have the right to refuse treatment, with written consent required for any experimental procedures.

If a patient is unconscious, an ordered list of relatives will have the authority to approve or refuse treatment, and an advance-appointed representative can make decisions if needed. The Bill introduces a precise definition of emergency treatment: “treatment which is necessary to treat or reduce a life-threatening but reversible deterioration in a person’s health status that causes an immediate risk to a person’s life or long-term health.”

This definition establishes emergency treatment as a right, ensuring prompt care even if relatives are not available. Private hospitals will be mandated to accept emergency patients for up to 48 hours for stabilization before transferring them to a government facility, with fees addressed later if recoverable.

Additionally, private hospitals offering specialized services not available at government institutions will be required to provide such care. The amendment also clarifies that children must receive necessary medical treatment, regardless of parental or guardian objections, which reflects a commitment to prioritizing child health.

Further, the Bill proposes nine new categories for regulation by the Health Minister, including basic health care for chronic illnesses, veterans, the elderly, and persons with disabilities; emergency medical treatment; reproductive health care; and safeguarding the privacy of patient records.

These regulations aim to enhance health care services and ensure their adaptability as resources allow. By focusing on regulations rather than fixed statutes, the Health Services Amendment Bill enables flexible updates, ensuring that health care standards can evolve in response to changing resources and needs.