PARLIAMENT BRIEFING ON HEALTH LEGISLATION

1 Tobacco Products Control Amendment Bill

purpose: - to create new offences and to increase penalties

• to ensure compliance / implementation with the FCTC

progress: - the Bill is still being drafted, also awaiting adoption of the FCTC by -Parliament.

2. Medical Research Council Amendment Bill

purpose: - to ensure that the role of the MRC is in line with the Department's public health initiatives

progress: - the Bill is still being drafted. Consultation between the Department and the MRC on the proposed amendments continue.

3. Medicines and Related Substances Amendment Bill

purpose: - to ensure clarity on the role of the Pricing Committee

progress: - the Bill is still being drafted and currently awaiting the outcome of the Constitutional Court case on pricing matters

4. Pharmacy Amendment Bill

purpose: - to ensure clarity on pharmacy licences

progress: - the Bill is still being drafted and will be submitted to Cabinet in July 2005

5. Foodstuffs, Cosmetics and Disinfectants Bill

purpose: - to tighten the regulation of foodstuffs' handling, storage and processing to avoid food borne diseases.

progress: - The Bill is with the State Law Advisers for certification. Bill will be tabled in Parliament immediately after certification.

6. Red Cross Bill

purpose: - to create a legal framework for the operations of the South African Red Cross in relation to the government to ensure that there is no duplication of services around rescuer and disaster management

progress: - the Bill is still being drafted

7. National Health Act

purpose: - to create a legal framework for a transformed health system

progress: - Act published in July 2004

8. Risk Equalization Fund Bill

purpose: - to create a risk equalisation Fund to stabilize medical schemes and to correct imbalances between schemes caused by their membership profiles.

progress: - the Bill is still being drafted

1) CHOICE ON TERMINATION OF PREGNANCY AMENDMENT ACT

(a) Summary

• The devolve the power to approve facilities to the MFC's.
• To exempt facilities providing 24-hour maternity service from having to obtain approval for TOP services if they conform to requirements under section 3(1).

• Signed by the President into law.

(c) Implementation

• Assisting provinces to finalize regulations under section 3(1) of the Act.

2) STERILIZATION AMENDMENT BILL

(a) Summary

• To align the Act with the Constitutional judgment, in terms of which rights of the persons under 18, and more importantly

of the persons who are incapable of giving consent due to mental disability were clarified and confirmed.

• To ensure that a medical opinion of an independent doctor is considered by the panel.
• To make provision for factors that the panel must consider before approving sterilization.
• To oblige providers to fully explain the procedure and its potential consequences to the user.

(b) Status

• Currently being processed by Parliament.
• Approved by both the Select Committee and the Portfolio Committee.

(c) Implementation

• Provinces are already aware of the Bill and its objectives.

(a) Summary

• To provide for restricted registration of informally trained persons as dental technicians.

• To make direct billing by a dental technician contractor discretionary.
• To make provision for regulations setting out conditions on which informally trained persons may be registered by the Council as dental technicians in terms of section 23A.

(b) Status

• Signed by the President.
• Still to be proclaimed into law.

(c) Implementation

• Finalizing regulations under Section 50(1)(qA) – Conditions for registration
• Proclamation ready for submission once regulations are finalized.

4) TRADITIONAL HEALTH PRACTITIONERS ACT

(a) Summary

• To establish the Interim Traditional Health Practitioners Council of South Africa for a period of 3 years.
• To provide a regulatory framework to ensure efficiency, safety and quality of traditional health care services.
• To provide for registration, training and conduct of practitioners.
• To generally recognize the service they are providing to the community.

(b) Status

• Signed by the President.
• Still to be proclaimed into law.

(c) Implementation

• Finalizing draft regulations under section 47(1 )(a) -establishing a Council.
• All other regulations to be made " after consultation with the Council"
• Department to have a section within Human Resources to ensure proper implementation and to assist the Interim

(a) Summary

• Generally, to amend the current Act of 1974 to align it with other proposed or current legislation.
• To make amendments to Issues dealing with corporate governance, registration, professional boards, continuing professional development, unprofessional conduct etc.

(b) Status

• Draft Bill en route to the Cabinet via the Minister.
• Expected to be before Parliament by August/September 2005.

(c) Implementation

• As it was drafted in consultation with the HPCSA, they are aware of the objectives of the Bill.

6) NURSING BILL

(a) Summary

• To regulate the profession of nursing and midwifery by providing norms and standards for nursing practice and education.
• To evaluate and accredit qualifications pertaining to nurses
• To accredit and license nursing education institutions and nursing agencies
• To register all categories of nurses
• To make provision for community services
• To make provision for corporate governance and public accountability
• To effectively replace the current Act of 1978.

(b) Status

• Approved by Cabinet.
• Currently with the office of the State Law Advisor for certification purposes

(c) Implementation

• Expected to be submitted before Parliament in the next few weeks.
• Nursing Council already putting up structures and systems to implement the prescript effectively.

(a) Summary

• Department still in consultation with the Council to finalize the first draft Bill.