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GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA N$15.40 WINDHOEK - 27 July 2004 No.3247

CONTENTS

Page

GOVERNMENT NOTICE

No. 152 Promulgation of Allied Health Professions Act, 2004 (Act No.7 of 2004), of the Parliament.................................................................................................

Government Notice

OFFICE OF THE PRIME MINISTER

No. 152 2004

PROMULGATION OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No.7 of 2004: Allied Health Professions Act, 2004.

f\XL 1'1U. I, ..:;UU'+ ALLl]!;U ti]!;ALIH PKUI1]!;:S:SlUN:S ACT, 2UU4

ACT To provide for the establishment and constitution of a professional Council for

the allied health professions; to determine the powers, duties and functions of such Council; to regulate the registration of persons practising the allied and complementary health professions; to specify the education, training and qualifications of persons practising such professions; to prohibit the practising of such professions without being registered; and to provide for matters incidental thereto.

(Signed by the President on 13 July 2004)

ARRANGEMENT OF SECTIONS

PREAMBLE

PART I INTERPRETATION

1. 2.

Definitions. Application of Act.

PART II ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF

ALLIED HEALTH PROFESSIONS COUNCIL OF NAMIBIA

3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Establishment of Allied Health Professions Council of Namibia. Succession from fonner Boards to Council. Objects of Council. General powers of Council. Composition of Council. Disqualification to be member of Council. Vacation of office by members of Council and filling of vacancies. President and vice-president of Council. Meetings and decisions of Council. Executive committee, professional conduct committee, appeal committee, education committee, and other committees. Establishment of Professional Committees. Funds of Council. Appointment of registrar and staff. Powers, duties and functions of registrar.

13. 14. 15. 16.

PART III EDUCATION, TRAINING, QUALIFICATIONS AND REGISTRATION

17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

Control over education, tuition and training. Registration prerequisite for practising. Minimum requirements of study for registration. Application for registration. Procedures relating to registration. Conditional registration. Registration of persons registered conditionally. Keeping of registers. Removal of name from register and effect of such removal. Restoration of name to register. Fees payable to Council and maintaining of registration by registered person. Register as proof. Certificate of status and extract from register.

No.3247 Government Gazette 27 July 2004

ALLIED HEALTH PROFESSIONS ACT, 2004

3

Act No.7, 2004

30. 31. 32. 33.

Temporary registration for purposes of educational demonstrations and training. Educational institutions to furnish particulars. Registration of additional qualifications and specialities. Continuing professional development.

PART IV OFFENCES BY UNREGISTERED PERSONS

34. Penalties for practising, or using the title of, any allied or complementary health profession, or performing certain acts, while not registered. Dental laboratories.35.

PART V DISCIPLINARY POWERS OF COUNCIL

36. 37. 38. 39.

Professional conduct rules by Council. Inquiry by Council into complaint, charge or allegation of unprofessional conduct. Procedures relating to professional conduct inquiry. Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability. Penalties for false evidence. Penalties by Councilor professional conduct committee for unprofessional conduct. Postponement of imposition of penalties and suspension of execution of penalties. Effect of suspension or removal from register. Cognisance by Council of conduct of registered persons in certain circumstances. Pro forma complainants. Limitation of liability. Investigation, assessment and powers of Council in respect of impaired registered persons.

40. 41. 42. 43. 44. 45. 46. 47.

PART VI GENERAL AND SUPPLEMENTARY PROVISIONS

48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63.

Charges by registered persons. Offences relating to registers, registration and impersonation. Limitations in respect of unregistered persons. Matters relating to investigations and inspections. Appeals to appeal committee. Appeals to High Court. Delegation of powers. Regulations. General rules by Council. Offences and penalties. Authorisation to practise professions in employment of the State. Establishment of Interim Council. Minister may declare certain professions subject to this Act. Transitional provisions. Repeal of laws and savings. Short title and commencement.

SCHEDULE Laws Repealed

PREAMBLE

Recognising that the standards of professional practice and conduct of all categories of allied and complementary health workers in Namibia must be continuously improved;

Recognising that the evolving Namibian health sector requires strong stewardship on behalf of the people of Namibia;

Recognising that this stewardship function includes both the formulation of rules to govern the professional practice and conduct of practitioners in that sector and to ensure compliance there with;

Whereas that responsibility may be entrusted to a body led by the relevant professions in close partnership with the public and the State, with the understanding that it forms a distinct part of a wider statutory framework aimed at the protection and promotion of the health and welfare of the Namibian people;

And whereas that responsibility must be executed in an accountable fashion that effectively protects the public interest,

NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of Namibia, as follows :-

PART I INTERPRETATION

Definitions

1. In this Act, unless the context otherwise indicates -

"allied or complementary health practitioner" means a person registered to practise either an allied or a complementary health profession;

"allied or complementary health profession" means the professions referred to in section 18, or a profession declared in terms of section 60 as a profession to which this Act applies;

"annual fees" means the annual fees determined by the Council in terms of section 27;

"appeal committee" means the appeal committee established by the Council in terms of section l2(3)(a);

"audiologist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"audiometrician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"ayurveda medicine practitioner" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"biokineticist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"certificate of status" means a certificate setting out the information referred to in section 29(2);

"Chinese medicine practitioner and acupuncturist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"chiropractor" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

Act No.7, 2004

Government Gazette 27 July 2004

ALLIED HEALTH PROFESSIONS ACT, 2004

5No.3247

"clinical technologist" means a person registered as such in terms of this Act, or regarded to be so registered in temlS of section 61;

"commencement date" means the date of commencement of this Act;

"committee" means a committee established by or in terms of section 12;

"community speech and hearing worker" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"Council" means the Allied Health Professions Council of Namibia established by section 3.,

"dental laboratory" means any place registered under the Hospital and Health Facilities Act 1994 (Act No. 36 of 1994), where artificial dentures or any other dental appliances are manufactured, repaired, altered, or worked upon, or where any apparatus for the manufacturing, repairing or alteration of such dentures or appliances has been installed;

"dental technician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61, and "dental technologist" has a corresponding meanmg;

"dental therapist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"diagnostic radiographer" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"dietician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"dispensing optician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"educational institution" means any university, college, technical college, technikon, training facility or other similar or related institution or society or other body where a qualification can be obtained which complies with the requirement of a prescribed qualification prescribed in terms of section 19;

"education committee" means the education committee established by section l2(4)(a);

"electro-encephalographic technician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"emergency care practitioner (basic)" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"emergency care practitioner (intermediate)" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"environmental health practitioner" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"environmental health practitioner assistant" means a person registered as such in tenns of this Act, or regarded to be so registered in terms of section 61;

"executive committee" means the executive committee established by section 12(1 )(a);

"fees", relating to an application, means the fees relating to the application concerned determined by the Council in terms of section 27;

"food inspector" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"former Dental Technology Board" means the Dental Technology Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Joint Allied Health Professions Board" means the Joint Allied Health Professions Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Joint Complementary Health Professions Board" means the Joint Complementary Health Professions Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Health Inspectors Board" means the Health Inspectors Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Homeopathic Board" means the Homoeopathic Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Medical Technology Board" means the Medical Technology Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Occupational Therapy Board" means the Occupational Therapy Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Optometry Board" means the Optometry Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Physiotherapy Board" means the Physiotherapy Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"former Radiography Board" means the Radiography Board established in terms of section 2 of the repealed Act, and in existence immediately before the commencement date;

"hearing aid acoustician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"homoeopath" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"inquiry" means a professional conduct inquiry conducted in tenTISof PART V;

"Interim Council" means the Interim Council established in terms of section 59;

"in writing", relating to any notice to be given, includes a notice, record, the agenda or the minutes of a meeting, or an extract therefrom, sent, delivered or despatched, to the intended recipient by hand, by registered post or by means of facsimile or e-mail, or in any prescribed manner, addressed to the applicable address furnished in writing by that

No.3247 Government Gazette 27 July 2004

ALLIEDHEALTHPROFESSIONSACT,2004

7

Act No.7, 2004

intended recipient, or which has been entered into the register in which the name of the registered person concerned appears;

"legal practitioner" means a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995);

"masseur" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"medical laboratory technician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"medical orthotist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"medical prosthetist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"medical rehabilitation worker" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"medical technologist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"member of the Council" means a member of the Council appointed, designated or elected, as the case may be, in terms of section 7;

"mental illness" means a mental illness as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), and "mentally ill" has a corresponding meaning;

"Minister" means the Minister responsible for Health;

"Ministry" means the Ministry responsible for the administration of Health;

"naturopath" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"nutritionist" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"occupational therapist" means a person registered as such in terms ofthisAct, or regarded to be so registered in terms of section 61 ;

"occupational therapy assistant" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"occupational therapy technician" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61 ;

"ocularist" means a person registered as such in tenl1S of this Act, or regarded to be so registered in terms of section 61;

"operational emergency care orderly" means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;

"optometrist" means a person registered as such in terms of this Act, or regarded to be so registered in tenl1S of section 61;

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