Consultancy to Review Eswatini Medical and Dental Council Legal Framework

HEALTH SYSTEMS STRENGTHENING FOR HUMAN CAPITAL DEVELOPMENT PROJECT

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Title of Assignment: Technical Assistant: for the review of Eswatini Medical and Dental Council (EDMC) Legal Framework to include current trends in regulation of Doctors, Dentists and Allied health care professionals

Reference Number: SZ-MOH-324754-CS-INDV

• PROJECT CONTEXT

To meet the National Health Sector Strategic Plan’s (NHSSP II 2019-23) policy objective – “build an efficient, equitable, client-centred health system for accelerated attainment of the highest standard of health for all people in Eswatini”, the MOH recognizes the need to invest in health system strengthening to improve the coverage of essential services and the quality of care. Modernizing the foundations of the health system and applying evidence-based improvements are key to achieving better quality care and, through that, reduced child and adult mortality and stunting for human capital formation. To address key sector challenges in the health sector, the MOH is implementing the HSS4HCDP with the aim of improving the coverage and quality of key reproductive, maternal, neonatal, child and adolescent health (RMNCAH), nutrition and noncommunicable disease (NCD) services (hypertension and diabetes) in Eswatini. The project focuses on strengthening the health system and ramping up investments in RMNCAH, nutrition and NCD services to address critical human capital challenges, 1 Under the Medical and Dental Practitioners Act of 1970 includes all health care professionals except nurses including stunting and child and adult mortality, applying a life course approach. The project includes the following components: Component 1. Improve health service delivery to increase the coverage and quality of health services to build human capital; Component 2. Increase community demand for RMNCAH, nutrition and NCD services; Component 3. Strengthen the MOH’s stewardship capacity to manage essential health and nutrition services and project activities; and Component 4: Contingent Emergency Response Component.

• BACKGROUND TO THE ASSIGNMENT

Statutory health professional regulation has been repeatedly endorsed as an appropriate regulatory mechanism since it carries the force of law and provides a proper foundation for the contract of the medical dental and allied health care professions with society. Regulation is fundamental to being a professional; it distinguishes a professional from an occupation and is necessary to protect the public, maintain public confidence, and in setting and upholding professional standards. Continuous professional development of health care professionals has been introduced as an integral part of regulation at recent times. Regulatory authorities also play a central role in supporting quality of pre-service training; Strong professional standards also facilitate continuous professional development programs through professional associations and bilateral agreements between governments and individual professionals seeking greener pastures hence crossing borders for professional practice The Medical and Dental Practitioners Act of 1970, has been the legal framework governing the professional practice of doctors, dentists and allied health care professionals within the Kingdom of Eswatini. EMDC was established as a public enterprise according to the specifications of the Act. In line with the Government’s vision of Universal Health Coverage (UHC) and the attainment of the highest possible level of human capital, the Eswatini MOH is highly interested in strengthening the legal framework, to assure the public to be served with properly qualified and highly competent health care professionals. This will be through an emphasis on standards of professional training, improving human resource for health, continuous professional development of the individual professional and ethical clinical and professional practice. Therefore, the current law, the SMDC Act of 1970, needs to be updated to include current healthcare professional regulatory approaches at national, regional and international level

• Objectives The objectives of the assignment are to:

a). Provide technical guidance and hands on support on the process of reviewing the current legal framework (SMDC Act of 1970) including collating views from SMDC Board, relevant stakeholders and professional associations, and others in keeping with local law and best practice

b). Provide hands on support for drafting the proposed amendments to the Act ( to review and agree on the amendments suggested by the SMDC board) after consultation with relevant stake holders

c). Advise on strengthening the capacity and current systems of the EMDC to support implementation of proposed amendments

d). Advise the MOH on final submission and approval of amendments

• QUALIFICATIONS AND EXPERIENCE

Bachelor of Law (L.L.B) degree or equivalent

· Diploma or higher diploma in legislative drafting is a requirement. A master’s degree will be an added advantage.

· At least 12 years of experience in the field of law review and application

· Familiarity with practice of health care professional organizations in the country and the region

· A specialist in health professional regulation with a legal background will be an added advantage.

· Demonstrated track record of re-engineering to strengthen legal frameworks

· Demonstrable consultative experience

· Previous experience in legislative drafting in legal reforms and amendments

· Fluency in English (essential); Fluency in SiSwati (desirable)

5.TIME FRAME OF THE ASSIGNMENT

The period of the assignment and expected completion dates The period of the assignment is 60 working days over the period of twelve (12) months with a possibility of an extension if required.

• Reporting Arrangements

The technical adviser will report to the EMDC board through the Registrar and the Project Coordinator.

• APPLICATIONS:

Submit a detailed copy of updated curriculum vitae (duties inclusive), references and scanned copies of notarized academic or professional certifications. Application should be addressed to:

The Principal Secretary, Ministry of Health; 2nd Floor Ministry of Justice Building, Mbabane. Postal address: The Principal Secretary, Ministry of Health P.O. Box 5; Mbabane, Eswatini.

Electronic applications should be sent to Project Coordinator; [email protected] copy to [email protected] and [email protected] no later than 11.00 hours on

14th December, 2022. All applications will be acknowledged but only shortlisted candidates will be contacted. Contacts: (00268) 24045514; (00268) 24042431