National Health Amendment Act

Link to law: http://www.gov.za/documents/national-health-amendment-act
Published: 2013-07-24

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National Health Amendment Act
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette

REPUBLIC OF SOUTH AFRICA
Vol. 577 Cape Town 24 July 2013 No. 36702
THE PRESIDENCY
No. 529 24 July 2013
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 12 of 2013: National Health Amendment Act, 2013


2 No. 36702 GOVERNMENT GAZETTE, 24 July 2013 Act No. 12 of 2013 NATIONAL HEALTH AMENDMENT ACT, 2013
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the National Health Act, 2003, so as to provide for the establishment of the Office of Health Standards Compliance and, for that purpose, to insert, substitute or delete certain definitions; to delete, revise and insert certain provisions; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa asfollows:— Amendment of section 1 of Act 61 of 2003
1. Section 1 of the National Health Act, 2003 (hereinafter referred to as the principal Act), is hereby amended—
(a) by the insertion after the definition of ‘‘blood product’’ of the following definition:
‘‘ ‘Board’ means the Office of Health Standard Compliance Board established in terms of section 79A;’’;
(b) by the insertion after the definition of ‘‘certificate of need’’ of the following definition:
‘‘ ‘Chief Executive Officer’ means the person appointed as Chief Executive Officer in terms of section 79H(1);’’;
(c) by the substitution for the definition of ‘‘health officer’’ of the following definition:
‘‘ ‘health officer’ means the person appointed as health officer in terms of section 80(1);’’;
(d) by the insertion after the definition of ‘‘hospital’’ of the following definition: ‘‘ ‘inspector’ means any person appointed as an inspector in terms of section 80(2);’’;
(e) by the deletion of the definition of ‘‘Inspectorate for Health Establishments’’; (f) by the insertion after the definition of ‘‘norm’’ of the following definitions:
‘‘ ‘Office’ means the Office of Health Standards Compliance established by section 77(1); Ombud’ means the person appointed as Ombud in terms of section 81(1);’’; and
(g) by the deletion of the definition of ‘‘Office of Standards Compliance’’.
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(English text signed by the President) (Assented to 24 July 2013)
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Amendment of section 21 of Act 61 of 2003
2. Section 21 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (f) of the following paragraph:
‘‘(f) facilitate and promote the provision of port health service and participate in intersectoral and interdepartmental collaboration;’’.
Amendment of section 25 of Act 61 of 2003
3. Section 25 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (l) of the following paragraph:
‘‘(l) facilitate and promote the provision of [port health services,] comprehensive primary health services and community hospital services;’’.
Amendment of section 47 of Act 61 of 2003
4. Section 47 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) All health establishments must comply with the quality require- ments and standards prescribed by the Minister after consultation with the [National Health Council] Office.’’; and
(b) by the substitution for subsection (3) of the following subsection: ‘‘(3) The Office [of Standards Compliance and the Inspectorate for
Health Establishments] must monitor and enforce compliance with the quality requirements and standards contemplated in subsection (1).’’.
Substitution of Chapter 10 of Act 61 of 2003
5. The following Chapter is hereby substituted for Chapter 10 of the principal Act:
‘‘CHAPTER 10
OFFICE OF HEALTH STANDARDS COMPLIANCE, BOARD, INSPECTIONS AND ENVIRONMENTAL HEALTH
INVESTIGATIONS, HEALTH OFFICERS AND INSPECTORS, COMPLAINTS AND APPEAL PROCEDURE
Establishment of Office of Health Standards Compliance
77. (1) The Office of Health Standards Compliance is hereby established as a juristic person. (2) The Office is funded by—
(a) money appropriated by Parliament; and (b) fees received for services rendered. (3) The Office is subject to the Public Finance Management Act, 1999
(Act No. 1 of 1999).
Objects of Office
78. The objects of the Office are to protect and promote the health and safety of users of health services by— (a) monitoring and enforcing compliance by health establishments with
norms and standards prescribed by the Minister in relation to the national health system; and
(b) ensuring consideration, investigation and disposal of complaints relating to non-compliance with prescribed norms and standards in a procedurally fair, economical and expeditious manner.
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Functions of Office
79. (1) The Office must— (a) advise the Minister on matters relating to the determination of norms
and standards to be prescribed for the national health system and the review of such norms and standards;
(b) inspect and certify health establishments as compliant or non- compliant with prescribed norms and standards or, where appropriate and necessary, withdraw such certification;
(c) investigate complaints relating to breaches of prescribed norms and standards;
(d) monitor indicators of risk as an early warning system relating to serious breaches of norms and standards and report any breaches to the Minister without delay;
(e) identify areas and make recommendations for intervention by a national or provincial department of health, a health department of a municipality or health establishment, where it is necessary, to ensure compliance with prescribed norms and standards;
(f) publish information relating to prescribed norms and standards through the media and, where appropriate, to specific communities;
(g) recommend quality assurance and management systems for the national health system to the Minister for approval;
(h) keep records of all its activities; and (i) advise the Minister on any matter referred to it by the Minister. (2) The Office may—
(a) issue guidelines for the benefit of health establishments on the implementation of prescribed norms and standards;
(b) collect or request any information relating to prescribed norms and standards from health establishments and users;
(c) liaise with any other regulatory authority and may, without limiting the generality of this power, require the necessary information from, exchange information with and receive information from any such authority in respect of—
(i) matters of common interest; or (ii) a specific complaint or investigation; and
(d) negotiate cooperative agreements with any regulatory authority in order to—
(i) coordinate and harmonise the exercise of jurisdiction over health norms and standards; and
(ii) ensure the consistent application of the principles of this Act.
Establishment of Board
79A. (1) The Office of Health Standards Compliance Board is hereby established. (2) The Office functions under the control of the Board. (3) The Board is the accounting authority of the Office and must—
(a) determine the policy of the Office; (b) do the necessary planning in connection with the functions of the
Office; and (c) perform such other functions as may be assigned to it by this Act.
Composition of Board
79B. (1) The Board consists of no less than 7 members and no more than 12 members appointed by the Minister, as follows: (a) five members who have expertise in, among others, medicine,
pharmacy, reproductive and maternal health, nursing, pediatrics, surgery, clinical governance and clinical risk management, occupa-
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tional health and safety, infection control, and public health, nomi- nated by institutions of higher learning or any other institution;
(b) one member appointed on account of his or her knowledge of the law; (c) one member appointed on account of his or her knowledge of
economics and financial matters or accounting; (d) one member appointed on account of his or her knowledge of private
healthcare sector; (e) one member appointed on account of his or her knowledge of public
healthcare and public administration; (f) one member appointed on account of his or her knowledge of quality
assurance (g) one representative from organised labour; and (h) one representative from civil society or the community. (2) The Chief Executive Officer and the Chief Financial Officer of the
Office are ex offıcio members of the Board.
Appointment of members of Board
79C. (1) TheMinister must appoint the members contemplated in section 79B(1)(a) after consultation with the relevant bodies and institutions. (2) The Minister must, before appointing the members contemplated in
section 79B(1)(b) to (h), by notice in the Gazette and in two or more nationally circulating newspapers in the Republic, invite all interested persons to nominate, within the period specified in the notice, persons who in the opinion of such interested persons are fit to be so appointed, stating the grounds upon which such opinion is based. (3) If a suitable person or the required number of persons is not
nominated in terms of subsection (2), the Minister must appoint an appropriate person or persons who qualify to be appointed in terms of this Act. (4) The members of the Board hold office for a term of at least three
years, as the Minister may determine at the time of appointment, but are eligible for re-appointment for one additional term. (5) A member of the Board, excluding a member who is in the full-time
employment of the State or the Service, must be appointed on such conditions as the Minister may, with the concurrence of the Minister of Finance, determine. (6) If the number of members of the Board is reduced to such an extent
that a quorum cannot be obtained, the Minister may appoint any suitably qualified persons on a temporary basis to serve on the Board until new members are appointed in terms of this section.
Chairperson and vice-chairperson of Board
79D. (1) The Minister must appoint a chairperson and vice-chairperson of the Board from the members contemplated in section 79B(1). (2) Whenever the chairperson of the Board is absent or unable to perform
his or her functions as chairperson, the vice-chairperson must act as chairperson and, if the vice-chairperson is absent or unable to act as chairperson theMinister must designate another member of the Board to act as chairperson until the chairperson or vice-chairperson is available. (3) Any person acting as chairperson of the Board in terms of subsection
(2), must exercise all the powers and perform all the duties of the chairperson.
Disqualification from membership of Board and vacation of office
79E. (1) A person may not be appointed as a member of the Board if that person— (a) is not a South African citizen and ordinarily resident in the Republic;
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(b) is an unrehabilitated insolvent; (c) has at any time been convicted of an offence involving dishonesty,
whether in the Republic or elsewhere, and sentenced to imprisonment without the option of a fine; or
(d) has been removed from an office of trust. (2) A member of the Board must vacate his or her office if—
(a) he or she becomes disqualified in terms of subsection (1) from being appointed as a member of the Board;
(b) he or she submits his or her resignation to the Minister in writing; (c) he or she is declared by the High Court to be of unsound mind or
mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);
(d) he or she has, without the leave of the Board, been absent from more than two consecutive meetings of the Board;
(e) the Minister withdraws the appointment because in the opinion of the Minister, and after consultation with the Board, the member is incompetent or unfit to fulfil his or her duties; or
(f) he or she ceases to be ordinarily resident in the Republic. (3) If a member of the Board dies or vacates his or her office in terms of
subsection (2), the Minister may, subject to section 79C, appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed.
Meetings of Board
79F. (1) The meetings of the Board and the conduct of business at meetings must be prescribed by the rules. (2) A quorum for a meeting of the Board is the majority of its members. (3)A decision of the majority of the members of the Board present at any
meeting constitutes a decision of the Board and, in the event of an equality of votes, the member presiding at the meeting has a casting vote in addition to his or her deliberative vote. (4)Adecision taken by the Board or an act performed under the authority
of the Board is not invalid by reason only of a vacancy on the Board, or that a person who is not entitled to sit as a member of the Board sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members of the Board who were present at the time and entitled to sit as members. (5) Minutes of the proceedings of every meeting of the Board must be
prepared and entered in a book kept for that purpose. (6) Minutes of the proceedings of each meeting must be submitted at the
next meeting of the Board and, if passed as correct, must be confirmed by the signature of the chairperson or other member presiding thereat and may, when so confirmed, be evidence in a court of law of the proceedings of the first-mentioned meeting. (7) In the absence of the chairperson or the person acting as the
chairperson from a particular meeting of the Board, the members present at that meeting may elect one of their number to preside at that meeting.
Committees of Board
79G. (1) The Board may appoint one or more committees from among its members to assist it with the performance of its functions and exercise of its powers. (2) The Board may appoint one or more specialist advisory committees
consisting of members other than members of the Board, to assist it with the performance of its functions and exercise of its powers.
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Appointment of Chief Executive Officer
79H. (1) The Board must, in consultation with the Minister, subject to the laws governing the public service, appoint a fit and proper and suitably qualified South African citizen as the Chief Executive Officer of the Office. (2) The Chief Executive Officer holds office for a term of five years and
may be reappointed for one additional term of five years. (3) (a) The appointment of a person as the Chief Executive Officer is
subject to the conclusion of a written performance agreement entered into between that person and the Board, in consultation with the Minister. (b) The Board, in consultation with the Minister, and the Chief Executive
Officer may, in writing and by agreement, amend the performance agreement. (4) The Board may, in consultation with the Minister, remove the Chief
Executive Officer from office on account of serious misconduct, incapacity or incompetence, after affording him or her reasonable opportunity to be heard and subject to applicable legislation. (5) If the Chief Executive Officer is unable to perform the functions of
the Office, or during a vacancy in the office of Chief Executive Officer, the Board may, after consultation with the Minister, designate another employee of the Office to act as Chief Executive Officer. (6) No person may be designated as acting Chief Executive Officer for
longer than 90 days at a time. (7) The Chief Executive Officer is entitled to the pension and retirement
benefits calculated on the same basis as those of a head of a department in the public service.
Functions of Chief Executive Officer
79I. (1) The Chief Executive Officer— (a) is the head of the Office; (b) is responsible for the proper and diligent implementation of the Public
Finance Management Act, 1999 (Act No. 1 of 1999); and (c) must appoint suitably qualified persons as employees of the Office in
accordance with an organisational structure approved by the Board in consultation with the Minister.
(2)As head of the Office, the Chief Executive Officer is responsible for— (a) the formation and development of an efficient administration; (b) the organisation and control of staff; (c) the maintenance of discipline; and (d) the effective deployment and utilisation of staff to achieve maximum
operational results. (3) The Chief Executive Officer may, after consultation with the Board,
enter into contracts with any person or organisation or appoint expert or technical committees to assist the Office in the performance of its functions, including the conducting of inspections. (4) The Chief Executive Officer must take appropriate action to ensure
the implementation of the findings of the report and the recommendations of the Ombud referred to in section 81A(9). (5) The Chief Executive Officer may, subject to subsection (4), request
the intervention of the Minister, a member of the executive council responsible for health in the province or a member of the municipal council responsible for health if the complaint relates to a matter falling under the national department or that particular province or municipality, as the case may be.
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Delegation of powers and assignment of duties by Chief Executive Officer
79J. (1) The Chief Executive Officer may— (a) delegate to an employee of the Office any of his or her powers in terms
of this Act; or (b) assign to an employee of the Office any of his or her duties in terms of
this Act. (2) The delegation in terms of subsection (1)—
(a) must be in writing; (b) may be subject to such terms and conditions the Chief Executive
Officer may determine or impose; (c) may at any time be amended or revoked by the Chief Executive
Officer; and (d) does not divest the Chief Executive Officer of the responsibility
concerning the exercise of the power.
Accountability of and reporting by Chief Executive Officer
79K. (1) The Chief Executive Officer must, subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999)— (a) cause the necessary accounting and other records to be kept; (b) in consultation with the Board, prepare and submit to the Minister an
annual report for approval by the Minister within five months after the end of the financial year.
(2) The annual report referred to in subsection (1) must include— (a) audited annual financial statements by the Auditor-General; (b) the Auditor-General’s report; and (c) a detailed report of the activities of the Office undertaken during the
year to which the audit relates. (3) The Minister must table in Parliament a copy of the annual report,
financial statements and the audit report on those statements within one month after receipt thereof if Parliament is in session or, if Parliament is not in session, within one month after the commencement of its next ensuing session. (4) The Chief Executive Officer must, once the annual report, financial
statements and audit report have been tabled in Parliament, make the annual report, financial statements and audit report on those statements accessible to the public. (5) Notwithstanding subsections (1) and (2), the Board or Chief
Executive Officer, as the case may be, must, upon request by the Minister— (a) furnish theMinister with information or a report in respect of any case,
matter or subject dealt with by the Office; and (b) provide the Minister with reasons for any decision taken by the Board,
Chief Executive Officer, an inspector or any other employee of the Office.
Appointment of health officers and inspectors
80. (1) TheMinister, relevant member of the Executive Council or mayor of a municipal council may designate any person in the employ of the national department, province or municipality, as the case may be, as a health officer. (2) The Chief Executive Officer must, subject to section 79I(1)(c),
appoint any suitably qualified person with appropriate prescribed expertise and skill as an inspector. (3) A health officer designated or an inspector appointed in terms of this
section must be issued with a certificate stating that he or she has been designated or appointed, as the case may be, as a health officer or as an inspector in terms of this Act.
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(4) When a health officer or an inspector performs any function in terms of this Act, he or she— (a) must be in possession of a certificate of designation or certificate of
appointment, as the case may be, issued in terms of subsection (3); (b) must show that certificate to any person who is affected by the action
of the health officer or inspector in terms of this Act; and (c) has the powers of a peace officer, as defined in section 1 of the
Criminal ProcedureAct, 1977 (Act No. 51 of 1977), and may exercise any of the powers conferred on a peace officer by law.
Appointment of Ombud
81. (1) The Minister must, after consultation with the Board, appoint a suitably qualified and experienced South African citizen as Ombud. (2) The Minister must, before appointing the Ombud in terms of
subsection (1), by notice in the Gazette and in two or more nationally circulating newspapers in the Republic, invite applications from suitable persons. (3) The Ombud—
(a) holds office for a non-renewable term of seven years; (b) is located within the Office; (c) is assisted by persons designated and seconded by the Office with the
concurrence of the Ombud; and (d) reports to and is accountable to the Minister.
(4) The Minister, with the concurrence of the Minister of Finance, must determine the remuneration and other terms and conditions of service of the Ombud. (5) The Ombud may at any time resign by submitting a written notice to
the Minister at least 90 days prior to the intended date of vacation of office, unless the Minister allows for a shorter period. (6) The Minister may terminate the employment of the Ombud on
account of serious misconduct, incapacity or incompetence, after affording him or her reasonable opportunity to be heard and subject to applicable legislation. (7) The Minister must, during a vacancy or when the Ombud is unable to
fulfil any of his or her functions, appoint a person on a temporary basis in accordance with subsection (1) to act in the position until a permanent person is appointed.
Functions of Ombud
81A. (1) The Ombud may, on receipt of a written or verbal complaint relating to norms and standards, or on his or her own initiative, consider, investigate and dispose of the complaint in a fair, economical and expeditious manner. (2) A complaint referred to in subsection (1) may involve an act or
omission by a person in charge of or employed by a health establishment or any facility or place providing a health service. (3) In conducting an investigation, the Ombud may, subject to subsection
(8)— (a) be assisted by any person contemplated in section 81(2)(c); (b) (i) obtain an affidavit or a declaration from any person;
(ii) direct any person to appear before him or her;
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(iii) direct any person to give evidence or produce any document in his or her possession or under his or her control which has a bearing on the matter under consideration or being investi- gated; and
(iv) interrogate such person; (c) request an explanation from any person whom he or she reasonably
suspects of having information which has a bearing on a matter under consideration or which is being or to be investigated; and
(d) require any person appearing as a witness to give evidence under oath or after having made an affirmation.
(4) A direction contemplated in subsection (3)(b) may be by way of a subpoena containing particulars of the matter in connection with which the person subpoenaed is required to appear before the Ombud and served on the person subpoenaed either by a registered letter sent through the post or by delivery by a person authorised thereto by the Ombud. (5) If it appears to the Ombud that any person is being implicated in the
matter being investigated, the Ombud must afford such person an opportunity to be heard in connection therewith by way of the giving of evidence, and such person is entitled, through the Ombud, to question other witnesses, determined by the Ombud, who have appeared before the Ombud in terms of this section. (6) The Ombud may, when considering or investigating a complaint in
terms of this section, require the assistance of or refer the complaint to any other authority established in terms of legislation or any other appropriate and suitable body or entity to investigate similar complaints. (7) The authority, body or entity, as the case may be, contemplated in
subsection (6) must provide— (a) the Ombud with the assistance required; and (b) report to the Ombud on the progress made in relation to complaints
referred to it. (8) No self-incriminating answer given or statement made by any person
to the Ombud exercising powers in terms of this Act, is admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in this Act, and then only to the extent that the answer or statement is relevant to prove the offence charged. (9) After each investigation, the Ombud must submit a report together
with his or her recommendations on appropriate action to the Chief Executive Officer. (10)Where the Chief Executive Officer fails to act in accordance with the
findings and recommendations of the Ombud, the Ombud may request the intervention of the Minister. (11) The Ombud must, after the conclusion of an investigation, inform
the complainant or the respondent or both, as the case may be, of his or her findings and recommendations.
Independence, impartiality and accountability of Ombud
81B. (1) The expenditure connected with the appointment and functions of the Ombud is paid out of funds appropriated by Parliament for that purpose, as part of the budget of the Office. (2) When dealing with any complaint in terms of this Act, the Ombud,
including any person rendering assistance and support to the Ombud— (a) is independent and impartial; and (b) must perform his or her functions in good faith and without fear,
favour, bias or prejudice.
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(3) The Minister, national department and Office must afford the Ombud such assistance and support as may be reasonably necessary for the Ombud to perform his or her functions effectively and efficiently. (4) The Ombud must, within one month after the end of the financial
year, prepare a report on the affairs and functions of the Ombud during the financial year in question, and submit such report to the Minister for tabling in Parliament.
Inspections
82. (1) A health officer may enter any premises, excluding a private dwelling, whereas an inspector may enter any health establishment, at any reasonable time, and— (a) inspect such premises or health establishment, as the case may be, in
order to ensure compliance with this Act; (b) question any person who he or she believes may have information
relevant to the inspection; (c) require the person in charge of such premises or health establishment
to produce, for inspection or for the purpose of obtaining copies or extracts thereof or therefrom, any document, including any health record contemplated in section 15, which such person is required to maintain in terms of any law; and
(d) take samples of any substance or photographs relevant to the inspection.
(2)Ahealth officer or an inspector may be accompanied by an interpreter and any other person reasonably required to assist him or her in conducting the inspection. (3) A health officer or an inspector may issue a compliance notice to the
person in charge of the premises or health establishment, as the case may be, if any norm and standard or a provision of this Act has not been complied with. (4) A compliance notice remains in force until the relevant provision of
theAct has been complied with and a compliance certificate has been issued by the relevant authority. (5) A health officer or an inspector who removes any item other than that
contemplated in subsection (1)(d) must— (a) issue a receipt for it to the person in charge of the premises or health
establishment, as the case may be; and (b) subject to the Criminal Procedure Act, 1977 (Act No. 51 of 1977),
return it as soon as practicable after achieving the purpose for which it was removed.
(6) The provisions of section 86A apply with the necessary changes required by the context to inspections conducted in terms of this section. (7) A compliance certificate issued by the Office shall be valid for a
period of no more than four years and must be renewed before or on the expiry date in a manner prescribed.
Non-compliance with prescribed norms and standards
82A. (1) An inspector may issue a compliance notice to a person in charge of any health establishment if such establishment does not comply with any prescribed norm and standard. (2) The notice contemplated in subsection (1) must set out—
(a) the health establishment to which the notice applies; (b) any prescribed norm and standard that have not been complied with; (c) details of the nature and extent of non-compliance; (d) any steps that are required to be taken and the period over which such
steps must be taken; and (e) the penalties that may be imposed in the event of continued
non-compliance.
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(3) A compliance notice issued in terms of this section remains in force until the Office, on the basis of information furnished by the inspector, issues a certificate of compliance or until it is appealed against and set aside by the tribunal appointed in terms of section 88A(2)(a). (4) If a person in charge of a health establishment to whom a compliance
notice has been issued, fails to comply with the notice, the Office may as appropriate and taking into account the nature, extent, gravity and severity of the contravention— (a) issue a written warning to achieve compliance within a set period of
time in a manner prescribed; (b) require a written response from the health establishment regarding the
continued non-compliance; (c) recommend to the relevant authority any appropriate and suitable
action to be undertaken, including the institution of disciplinary proceedings against persons responsible for the non-compliance or continued non-compliance;
(d) revoke the compliance certificate and recommend to the Minister the temporary or permanent closure of the health establishment or part thereof that constitutes a serious risk to public health or to health service users;
(e) impose upon that person or health establishment a fine as determined by the Minister in the Gazette from time to time; or
(f) refer the matter to the National ProsecutingAuthority for prosecution. (5) The Chief Executive Officer must inform the head of a national or
provincial department, the municipal manager or the head of a health establishment of any persistent non-compliance.
Environmental health investigations
83. (1) If a health officer has reasonable grounds to believe that any condition exists which— (a) constitutes a violation of the right contained in section 24(a) of the
Constitution; (b) constitutes pollution detrimental to health; (c) is likely to cause a health nuisance; or (d) constitutes a health nuisance, the health officer must investigate such condition. (2) If the investigation reveals that a condition contemplated in
subsection (1) exists, the health officer must endeavour to determine the identity of the person responsible for such condition. (3) The health officer must issue a compliance notice to the person
determined to be responsible for any condition contemplated in subsection (1) to take appropriate corrective action in order to minimise, remove or rectify such condition. (4) Any person aggrieved by a determination or instruction in terms of
subsection (2) or (3) may, within a period of 14 days from the date on which he or she became aware of the determination or instruction, lodge an appeal with the person who appointed a health officer in terms of section 80(1). (5) Only a health officer who is registered as an environmental health
practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), may exercise any of the powers conferred under this section.
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Entry and search of premises or health establishment with warrant by health officer or inspector
84. (1) A health officer or inspector may, where necessary, be accompanied by a police official and may, on the authority of a warrant issued in terms of subsection (5) and subject to sections 85 and 86A, enter any premises, including a private dwelling, or health establishment, as the case may be, specified in the warrant, and— (a) inspect, photograph, copy, test and examine any document, record,
object or material, or cause it to be inspected, photographed, copied, tested and examined;
(b) seize any document, record, object or material if he or she has reason to suspect that it might be used as evidence in a criminal trial; and
(c) examine any activity, operation or process carried out on the premises or health establishment.
(2) A health officer or an inspector who removes anything from the premises or health establishment being searched, as the case may be, must— (a) issue a receipt for it to the owner or person in control of the premises
or health establishment; and (b) unless it is an item prohibited in terms of this Act, return it as soon as
practicable after achieving the purpose for which it was removed. (3) Upon the request of a health officer or an inspector acting in terms of
a warrant issued in terms of subsection (5), the occupant and any other person present on the premises or health establishment, as the case may be, must— (a) make available or accessible or deliver to the health officer or
inspector any document, record, object or material which pertains to an investigation or inspection contemplated in subsection (1) and which is in the possession or under the control of the occupant or other person;
(b) furnish such information as he or she has with regard to the matter under investigation or inspection; and
(c) render such reasonable assistance as the health officer or inspector may require to perform his or her functions efficiently in terms of this Act.
(4) Before questioning any person at the premises or health establish- ment in question, the health officer, inspector or police official must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right. (5)Awarrant contemplated in subsection (1) may be issued by a judge or
a magistrate— (a) in relation to the premises or health establishment on or from which
there is reason to believe an act has been or is being committed in contravention of this Act; and
(b) if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises or health establishment of a contravention of this Act.
(6) The warrant may impose restrictions on the powers of the health officer or inspector. (7) A warrant issued in terms of this section—
(a) remains in force until— (i) it is executed; (ii) it is cancelled by the person who issued it or, if such person is
not available, by any person with like authority;
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(iii) the expiry of one month from the day of its issue; or (iv) the purpose for the issuing of the warrant has lapsed,
whichever occurs first; and (b) must be executed by day unless the person who issues the warrant
authorises the execution thereof by night. (8) No person is entitled to compensation for any loss or damage arising
out of any bona fide action by a police official, a health officer or an inspector under this section.
Identification prior to entry, and resistance against entry, by health officer or inspector
85. (1) A health officer or an inspector who has obtained a warrant in terms of section 84(5) or the police official accompanying him or her, must immediately before entering the premises or health establishment in question, as the case may be— (a) audibly announce that he or she is authorised to enter the premises or
health establishment and demand admission to the premises or establishment; and
(b) notify the person in control of the premises or health establishment of the purpose of the entry, unless there are reasonable grounds to believe that such announcement or notification might defeat the purpose of the search.
(2) The health officer or inspector, as the case may be, must— (a) hand to the person in control of the premises or health establishment a
copy of the warrant or, if such person is not present, affix such a copy to a prominent place on the premises; and
(b) on request of the person in charge of such premises or health establishment, show his or her certificate of appointment as health officer or inspector to that person.
(3)A health officer or an inspector, as the case may be, or a police official contemplated in subsection (1), may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises or health establishment. (4) Before using force, the health officer or inspector, as the case may be,
or police official must audibly demand admission and must announce the purpose of the entry, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search.
Entry and search of premises or health establishment without warrant by health officer or inspector
86.A health officer or an inspector may, subject to section 86A, without a warrant exercise any power referred to in section 84(1) if— (a) the person who is competent to do so consents to such exercise; or (b) there are reasonable grounds to believe that a warrant would be issued
in terms of section 84(5) and that the delay in obtaining the warrant would defeat the object of the warrant.
Constitutional right to privacy
86A. Any entry upon or search of any premises or health establishment in terms of this Act must be conducted with strict regard to decency and good order, including— (a) the right of a person to dignity; (b) the right of a person to freedom and security; and (c) the right of a person to privacy.
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Disposal of items seized by health officer or inspector
87. A health officer or an inspector may dispose of anything seized in terms of section 84 or 86 in the manner provided for in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Miscellaneous provisions relating to health officers, inspectors and compliance procedures
88. For the purposes of this Act, the head of a national or provincial department, the municipal manager or the head of a health establishment must be regarded as being— (a) the owner and occupier of any premises or health establishment that
the national or provincial department or the municipality occupies or uses; and
(b) the employer of persons in the service of that national or provincial department or municipality if, as an employer, the national or provincial department or municipality—
(i) performs any duty imposed upon an employer by or under this Act; or
(ii) exercises any power conferred upon an employer by or under this Act.
Appeals against decisions of Office or Ombud
88A. (1) Any person aggrieved by any decision of the Office or any finding and recommendation of the Ombud in relation to a matter regulated by this Act, or a person acting on his or her behalf, may within 30 days of him or her gaining knowledge of that decision, lodge a written appeal with the Minister. (2) The Minister must, upon receipt of the appellant’s written appeal
contemplated in subsection (1)— (a) appoint an independent ad hoc tribunal in terms of subsection (3); (b) submit the appeal to the tribunal for adjudication in the prescribed
manner. (3) A tribunal contemplated in subsection (2) must consist of not more
than three persons, of whom— (a) one must be a person who is a retired judge of a High Court or a retired
magistrate, who must be the chairperson; and (b) two must be persons appointed on account of their knowledge of the
health care industry. (4) A tribunal contemplated in subsection (2)—
(a) may confirm, set aside or vary the decision of the Office or Ombud; and
(b) must notify the parties of its decision.
Offences and penalties
89. (1) A person is guilty of an offence if he or she— (a) obstructs or hinders a health officer or an inspector who is performing
a function or any other person rendering assistance or support to a health officer or an inspector under this Act;
(b) refuses to provide a health officer or an inspector with such information as that person is required to provide under this Act;
(c) knowingly gives false or misleading information to a health officer or an inspector;
(d) unlawfully prevents the owner of any premises or health establish- ment, or a person working for the owner, from entering the premises or
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health establishment in order to comply with a requirement of thisAct; (e) impersonates a health officer or an inspector; (f) fails to comply with a compliance notice issued to him or her by a
health officer or an inspector in terms of this Act; (g) discloses any information acquired in the performance of any function
in terms of this Act which relates to the financial or business affairs of any person, to any other person, except if—
(i) such other person requires that information in order to perform any function in terms of this Act;
(ii) the disclosure is ordered by a court of law; or (iii) the disclosure is in compliance with the provisions of any law;
or (h) interferes with, hinders or obstructs the Ombud or any other person
rendering assistance or support to the Ombud when he or she is performing or exercising a function or power under this Act.
(2)Any person convicted of an offence in terms of subsection (1) is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment.’’.
Amendment of section 90 of Act 61 of 2003
6. Section 90 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘TheMinister, after consultation with the National Health Council or the Office, as the case may be, may make regulations regarding—’’;
(b) by the substitution in subsection (1) for paragraphs (b) and (c) of the following paragraphs, respectively:
‘‘(b) (i) the fees to be paid to public health establishments for health services rendered; or
(ii) the fees to be paid to the Office for services rendered; (c) the norms and standards for—
(i) the national health systems; or (ii) specified types of protective clothing and the use, cleaning
and disposal of such clothing;’’. (c) by the insertion in subsection (1) after paragraph (c) of the following
paragraph: (cA) ‘‘the performance of the functions of the Board and the Office;’’;
and (d) by the substitution in subsection (1) for paragraph (n) of the following
paragraph: (n) environmental health, including health nuisances and medical
waste;’’; and (e) by the insertion after subsection (1) of the following subsection:
‘‘(1A) The Minister may, after consultation with relevant regulatory authorities, prescribe different norms and standards for different types of health establishments.’’.
Amendment of Arrangement of Sections of Act 61 of 2003
7. The Arrangement of Sections of the principal Act is hereby amended— (a) by the substitution for the heading of Chapter 10 of the following heading:
‘‘[HEALTH OFFICERS AND COMPLIANCE PROCEDURES] OFFICE OF HEALTH STANDARDS COMPLIANCE, BOARD, INSPECTIONSANDENVIRONMENTALHEALTH INVESTIGA-
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TIONS, HEALTH OFFICERS AND INSPECTORS, COM- PLAINTS AND APPEAL PROCEDURES’’;
(b) by the substitution for item 77 of the following item: ‘‘Establishment of [Inspectorate for Health Establishments] Office of Health Standards Compliance’’;
(c) by the substitution for item 78 of the following item: ‘‘[Office of Standards Compliance] Objects of Office’’;
(d) by the substitution for item 79 of the following item: ‘‘[Inspections by Office of Standards Compliance] Functions of Office’’;
(e) by the insertion after item 79 of the following items: ‘‘79A. Establishment of Office 79B. Composition of Board 79C. Appointment of members of Board 79D. Chairperson and vice-chairperson of Board 79E. Disqualification from membership of Board and vacancy of office 79F. Meetings of Board 79G. Committees of Board 79H. Appointment of Chief Executive Office 79I. Functions of Chief Executive Officer 79J. Delegation of powers and assignment of duties by Chief Executive Officer 79K. Accountability and reporting by Chief Executive Officer’’
(f) by the substitution for item 80 of the following item: ‘‘Appointment of health officers and inspectors’’;
(g) by the substitution for item 81 of the following item: ‘‘[Duty of health officers] Appointment of Ombud’’;
(h) by the insertion after item 81 of the following items: ‘‘81A. Functions of Ombud 81B. Independence, impartiality and accountability of Ombud’’;
(i) by the substitution for item 82 of the following item: ‘‘[Routine inspection] Inspections’’;
(j) by the insertion after item 82 of the following item: ‘‘82A. Non-compliance with prescribed norms and standards’’;
(k) by the substitution for item 84 of the following item: ‘‘Entry and search of premises or health establishment with warrant by health officer or inspector’’;
(l) by the substitution for item 85 of the following item: ‘‘Identification prior to entry, and resistance against entry, by health officer or inspector’’;
(m) by the substitution for item 86 of the following item: ‘‘Entry and search of premises or health establishment without warrant by health officer or inspector’’;
(n) by the insertion after item 86 of the following item: ‘‘86A. Constitutional right to privacy’’;
(o) by the substitution for item 87 of the following item: ‘‘Disposal of items seized by health officer or inspector’’;
(p) by the insertion after item 88 of the following item: ‘‘88A. Appeal procedures’’; and
(q) by the substitution for item 89 of the following item: ‘‘Offences and penalties’’.
Amendment of laws
8.With effect from the coming into operation of the provisions relating to the Office of Health Standards Compliance, the Public Finance Management Act, 1999 (Act No. 1 of 1999), is hereby amended by the insertion in PartAof Schedule 3 after the expression ‘‘Nelson Mandela Museum, Umtata’’ of the expression ‘‘Office of Health Standards Compliance’’.
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Short title and commencement
9. This Act is called the National Health Amendment Act, 2013, and takes effect on a date fixed by the President by proclamation in the Gazette.
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