ZAMBIA MEDICINES AND MEDICAL SUPPLIES AGENCY ACT

to provide for an efficient and cost-effective system for the procurement, storage and distribution of medicines and medical supplies; establish Medical Stores Limited as the Zambia Medicines and Medical Supplies Agency and provide for its functions; and provide for matters connected with, or incidental to, the foregoing.

[3rd February, 2021]

Act 9 of 2019,

SI 8 of 2021.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Zambia Medicines and Medical Supplies Agency Act.

2. Interpretation

In this Act, unless the context otherwise requires

"Agency" means the Zambia Medicines and Medical Supplies Agency established in accordance with section 3;

"appointed date" means the date appointed by the Minister under section 1;

"associate" has the meaning assigned to the words in the Anti-Corruption Act;

"Board" means the Board of the Agency constituted in accordance with section 6;

"Chairperson" means the person appointed as Chairperson of the Board in accordance with section 6;

"Company" means the Medical Stores Limited existing in accordance with the Companies Act, and existing immediately before the appointed date;

"diagnostic Centre" means a laboratory or radiological service, or any other related service;

"Director-General" means the person appointed as Director-General of the Agency in accordance with section 14;

"emoluments" has the meaning assigned to the word in the Constitution;

"health facility" has the meaning assigned to the words in the Health Professions Act;

"Health Professions Council of Zambia" means the Health Professions Council of Zambia established under the Health Professions Act;

"hospice" has the meaning assigned to the word in the Health Professions Act;

"hospital" has the meaning assigned to the word in the Health Professions Act;

"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act;

"medical supplies" means products or materials used in the delivery of healthcare services and include pharmaceuticals, non-pharmaceuticals, nutraceuticals, vaccines and therapeutic antisera, medical equipment and devices, medical appliances and materials, health technologies, laboratory supplies and reagents, dental materials, hospital consumables, and any other material or equipment as may be necessary for the delivery of healthcare services in Zambia;

"medicine" means medicine for human use, herbal medicine for human use, a medicinal product for human use or any substance or mixture of substances for human use intended to be used, or manufactured for use, for its therapeutic efficacy or for its pharmacological purpose in the diagnosis, treatment, alleviation, modification or prevention of disease or abnormal physical or mental state or the symptoms of disease in a person;

"member" means the person appointed as a member of the Board in accordance with section 6;

"public health facility" means a health facility owned or operated by the Government;

"relative" has the meaning assigned to the word in the Anti-Corruption Act;

"Secretary" means the person appointed as Secretary to the Board in accordance with section 15;

"supply chain" means a system of organisations, activities, information, and resources involved in moving a product or service from a supplier to a customer;

"Vice-Chairperson" means the person elected as Vice-Chairperson of the Board in accordance with section 6; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.

PART II
THE ZAMBIA MEDICINES AND MEDICAL SUPPLIES AGENCY

3. Establishment of Medical Stores Limited as Zambia Medicines and Medical Supplies Agency

(1) Despite any other written law, the Medical Stores Limited existing in accordance with the Companies Act, is continued and is deemed to be established under this Act and renamed as the Zambia Medicines and Medical Supplies Agency.

(2) The Agency is a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform.

4. Seal of Agency

(1) The seal of the Agency shall be a device that the Agency may determine and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person the Board authorises for that purpose.

(3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Secretary or any other person the Board authorises, generally or specifically, for that purpose.

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