SYNOPSIS OF THE HEALTH PROFESSIONS AMENDMENT BILL

 

-          Section 1 inserts new definitions and further makes technical amendments to certain existing definitions to provide certainty on particular issues within the Act.

-          Section 2 inserts “professional boards” to the heading of Chapter 1, so as to make provision for the establishment and functioning of professional boards.

-          Section 3, in addition to the technical amendments, inserts additional objects and functions of the council and that such objects and functions are in line with the national health policy determined by the Minister. The section further details the obligation of the council to have strategic plans and to report to the Minister on how such plans are to be achieved, and present an annual report after each financial year. More importantly, the section emphasises the protection of the interests and rights of the public in matters involving the rendering of health services.

-          Section 5 makes provision for council to exercise its powers after consultation with the professional boards and that such powers have to be exercised in line with national health policy.

-          Section 6 reduces the number of council members from 25 to 16, and further regulates appointment to the council. The section further excludes a person who is a member of Parliament, legislature or municipal council, or who is a provincial or national office-bearer or employee of any political party or organisation. 

-          Section 7 empowers the Minister to remove a member of the council (terminate his/her membership) or to dissolve the council under certain circumstances.

-          Section 8 makes provision for the appointment of a member of the executive committee to act as president or chairperson in his/her absence.

-          Section 9 empowers the president to convene a special meeting if requested to do so by the Minister or one-third of the members.

-          Section 10 empowers the council to appoint ad hoc committees including professional conduct committees and appeal committees.

-          Section 11 empowers the Minister to appoint the registrar/accounting officer after consultation with the council. The registrar is the accounting officer.

-          Section 12 introduces new corporate governance provisions to ensure accountability and transparency by the council and the registrar, particularly relating to financial administration.

-          Section 13 empowers the Minister to appoint members of the professional boards on the basis of nominations as opposed to the current costly election process.                                                         

-          Section 14 empowers the professional boards to make recommendations to the council on matters of public importance.

-          Section 15 enhances the powers of the professional boards to inter alia prescribe processes relating to the evaluation and accreditation of teaching institutions and training facilities by such professional boards.

-          Section 16 inserts “education” in the heading to Chapter 2.

-          Section 17 qualifies the council as the education and training quality assurer of the education and training to persons registered in terms of the Act (ETQA) or who may want to be registered, and the accreditation process and related fees.

-          Section 18 prohibits all health professionals except nurses chiropractors, homeopaths, allied health professionals, pharmacists and all other health professionals registered under different legislation, from performing functions ordinarily performed by persons registered under the Act if they are not so registered.

-          Section 19 amplifies the registrar’s responsibility to keep a register in respect of persons/categories registrable in terms of the Act.

-          Section 20 empowers the board to authorise the registrar to remove the name of any person registered in terms of the Act under certain circumstances.

-          Section 21 inserts a new section that will deal with the suspension of health professionals and the revocation of such suspension.

-          Section 22 obligates the registrar to make available an electronic copy or in other appropriate modes, a copy of the register.

-          Sections 23 & 25 are technical amendments.

-          Section 24 emphasises the requirement for a certificate of status and what such certificate should contain, before the registrar may register a person.

-          Section 26 empowers the Minister to make regulations regarding, inter-alia, persons excluded from compulsory community service.

-          Section 27 is a technical amendment except that a new section 25(3A) will inserted to differentiate between foreigners and foreign qualifications, how such are to be regulated.

-          Section 28 obligates the council to make rules relating to the CPD in consultation with professional board concerned.

-          Sections 29 & 30 are technical amendments.

-          Section 31 replaces the council with the professional board as the authority that institutions are obliged to submit certain particulars to, e.g. education and training acquired or examinations being conducted at a particular institution, results of examinations being conducted at these institutions, etc.

-          Section 32 accentuates the involvement of professional boards in defining scopes of practise and regulation of activities by professionals.

-          Section 33 deletes the words “for gain” so that it becomes an offence for any person to practise acts regulated by this Act, whether it was for gain or not.

-          Section 34 enables professionals to further register in sub-specialities, professional categories and additional professional categories. In this regard, the professional board replaces the council as the authority that registers professionals.

-          Due to amendment of section 34, section 36, 37 and 38 are deemed superfluous.

-          Section 38 generally prohibits performance of professional acts by unregistered persons and lists the relevant offences in case of non-compliance.

-          Section 39 details the offences and penalty for professing to be registered person.

-          Section 40 is a technical amendment.

-          Section 41 deals with technical changes relating to laying of charges against professionals, investigations (including search and entry without a warrant), requesting of documents, which will now include electronic data, and other related matters.

-          Section 42 is a technical amendment except that the maximum fine that can be imposed is no more capped at R10 000 for professionals found guilty of improper conduct.

-          Sections 43, 44 and 46 are technical amendments.                                                          

-          Section 45 replaces the council by empowering the Minister, in consultation with the council and the board, to make regulations relating to unprofessional conduct. 

-          Sections 47 to 51 are technical amendments.

-          Section 52 amends section 61 of the current Act so as to empower the Minister to make regulations “after”, and not “in” consultation with the council.

-          Section 53 empowers the council to make rules on operational issues affecting the council and the boards, e.g. to enable the council to determine professional fees to be paid to members of the council and the boards, persons rendering different services to the council, and different fees payable by professionals and institutions. It further deletes certain paragraphs.

-          Section 54 replaces professional board with council in the determination of annual fees paid by registered persons.

-          Sections 55 & 56 are technical amendments.

-          Section 57 amends the long title of the Act.

-          Section 58 gender-sensitises the language used throughout the Act.

-          Section 59 is the short title.