-
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.