Legal framework for digital health and telemedicine in Ghana

The Ministry of Health’s National eHealth Strategy presents digital health technologies and telemedicine as tools to improve access to care and strengthen the organisation of the health system.

This strategy is a public policy direction, not an independent authorisation to practise medicine. To provide teleconsultations, Doc Chap Ghana must comply with professional laws, health-facility requirements and data-protection obligations.

Act 857, section 29(1), prohibits a person from practising as a medical practitioner, dentist, physician assistant or certified registered anaesthetist unless registered in accordance with the Act. Medical care delivered remotely must therefore be provided by a professional registered with the competent authority.

The Medical and Dental Council is responsible for ensuring the highest standards of training and medical and dental practice under section 26, and for setting applicable professional standards under section 27.

Medical data are “special personal data” under Act 843. Their processing is subject to enhanced conditions, including consent or a legal or medical necessity, and to confidentiality requirements.

Sections 28 to 31 of Act 843 require appropriate technical and organisational measures, a written agreement with data processors, and notification to the authority and affected individuals in the event of unauthorised access. Section 37(6) expressly covers medical purposes carried out by a healthcare professional subject to a duty of confidentiality.

Act 843 requires prior consent for the processing of personal data, except where an exception provided by law applies under section 20. For health data, consent or a necessity basis under section 37 must be documented.

• The patient must be informed of the purpose of data collection and of the data being processed under sections 22 and 23 of Act 843.
• Consent to teleconsultation and to the processing of medical data must be recorded in the patient’s file.

The platform does not replace clinical judgement. The healthcare professional remains responsible for medical decisions and must comply with the professional standards imposed by the relevant regulatory Council.

Doc Chap acts as a technology partner. The Ghanaian partner must ensure that every medical service is delivered by an authorised practitioner, in an appropriate setting, with referral to in-person or emergency care whenever teleconsultation is not sufficient.

Act 829, section 11(1), prohibits the operation of a health facility without a licence. Its First Schedule includes medical and dental clinics and hospitals. The local partner must therefore confirm the regulatory status of its facility with HeFRA before operational deployment.

The recommended model is a partnership: Doc Chap provides and maintains the technology; the Ghanaian partner is responsible for the medical activity, healthcare professionals, care facility and required local authorisations.