Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act

Link to law: http://www.gov.za/documents/chiropractors-homeopaths-and-allied-health-service-professions-second-amendment-act
Published: 2000-12-01

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Chiropractors, Homeopaths and Allied health Service Professions Second Amendment Act [No. 50 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTd
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Oflce us a Newspaper As ‘n Nuusblad by die Poskantoor Geregis
CAPE TOWN, 1 DECEMBER 2000 VOL. 426 No.
KAAPST’AD, 1 DESEMBER 2000
—.—
THE PRESIDENCY DIE PRESIDENSIE ——
No, 1308. 1 December 2000 No. 1308. 1 LJes
It is hereby notified that the President has assented to the t’{:l]~wipg Act which is hereby publ ished for gen:ral in format icm:-
No. 50 of 2000: Chiropractors, Homeopaths and Allied Health Service Professions Second Amendmenk Act, 2000.
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ber 2000
IH i e r b y w o r d bekcnd gemaak dat die Presidel t sy gcwd-keuring geheg hct awl die onderst:~ailde W e t \va h:erby teralgemene lnlighn~! gepubliseer word:—-No. 50 van 2000: Tweede Wysigingswet oi:, Chir pr:diti~yns,Honlec>pa[e en Vcrwantc Geso!ldheids - diemsbsroepc, ~~t)r).
GIUWR.AL EXPL.ANATORY NOTE:
[ 1 Words in boicl type in squaw brackets indicate omissions from existing enactments
V’ords u[~derlinml with a solid line indicate insertions in existirlS ell:iCtlTICilt S.
__.——.—— .-—.— .. .— :—
-————— (English te.rt sigt?cd ))> the President.}
(AsseIIred to 26 No\eml?er 2000.)
ACT To amend the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, so as to define certain expressions; to amend certain definitions and delete others; to abolish the Chiropractors, Homeopaths and Allied Health Service Professions Interim Council; to establish tkle Allied Health Professions Council of South Africa; to provide for the establishment of professional boards; to regulate the relationship between the new Council and the professional boards; to make provision for matters relating to the responsibility, accountability, democratisation and transparency of the Council and professional boards; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa. asfollows:— Amendment of section 1 of Act 63 of 1982, as amended by section 1 of Act 108 of 1985, section 1 of Act 10 of 1990, section 1 of Act 63 of 1993 and section 1 of Act 40 of 1995 5
1. Section 1 of the Chiropractors. Homeopaths and Allied Health Service Professions Act, 1982 (hereinafter referred to as “the principal Act” ), is hereby amended by—
(aJ the insertion before the definition of “allied health service profession” of the following definition:
“ ‘acupuncturist’ means a person registered as such under this Act in 10 respect of the profession of Chinese medlcme and acupuncture;”;

(b) the substitution for the definition of “allied health service profession” of the following definition:
“ ‘allied health [service] profession’ means [any] the profession [referred to in] of a~veda, Chinese medicine and—acupuncture. 15— . chiropractic. homeopathy, naturopath, osteopathy, ph ytot herapy, therapeutic aromatherapy. therapeutic massage therapy or therapeutic reflexology, or any other profession contemplated in section 16~g——— which this Act au;’,’; ,,
(c) the insertion after the definition of “annual fees” of the following definitions: 20 “ ~-mo~er’ means a person re,sistered as such under this Act;—— ‘chairperson’ means the chairperson contemplated in s~cti~n 7(1);.— — . . —-— =t~iropractor’ means a person re~red as such under this Act;”;— —— — ——-
((i]
((’)
( f )
( s )
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(i)
(i)
(k)
(1)
/l?I)
(1?)
(0)
SERVICE PROHXSIONS SF.CONI? AME.!XL)hlEh’T ACT, 200(1
[he substitution for t!w definition of “cour;cil” of [k following definition ““ ‘council’ means the [Chiropractors, Homeopaths and] Allied Health IService] F%ofes$iors \Interirn] Council of Sourh Africa established by section 2:”:
the insertion after the definition of ‘“Director-General’” of the following 5 definitions:
‘. ‘educational institution’ means any uni\’ersitv or technikon established by an Act of Parliament and approved by the council to offer training in any profession for which a register has been established in terms of this Act or any private school registered with the Department of Education and approved by the council to offer such training; ‘examining authority’ means any person or group of persons appro\Jed by [he council to condllct examinations in any subject falling under anv.! profession registered in terms of this Act:”;-
the deletion of the definition o; “former council”; the insertion after the definition of “Director-General” of the following definitions:
“ ‘homeopath’ means a person registered as such under this Act: ‘intern’ means a person rqzistered as such in terms of section 19;”:
the su~stitution for the definition of “medical practitioner” of the following definition:
“ ‘medical practitioner” means a person registered as such under the [Medical, Dental and Supplementary] Health [Service] Professions Act, 1974 (Act No. 56 of 1974);”;
the insertion after the definition of “Minister” of the following definitions: “ ‘naturopath’ means a person reszistered as such under this Act; ‘osteopath’ means a person registered as such under this Act: ‘phytotherapist’ means a person registered as such under this Act;”;——
the substitution for the definition of “practitioner” of the following definition: ‘practitioner’ means [any] ~ person registered [under] as an acupunc- turist, ayurveda practitioner, -chiropractor, homeopath, naturopath, osteopath or phytotherapist, in terms of this Act [or who is deemed to be so registered]:”;
the substitution for the definition of “profession” of the following definition: “ ‘profession’ means [the profession of chiropractor or homeopath or an] ~ allied health [service] profession;”;
the substitution for the definition of “professional board” of the following definition:
“ ‘professional board’ means a professional board established under section 10A[(3)];”;
the substitution for the definition of “regulation” of the following definition: ‘< ‘regulation’ means any regulation made under [section 38] this Act;”;
the insertion after the definition of “regulation” of the folIowing definitions: “ ‘rule’ means agy rule made under this Act; ‘scheduled substance’ means any scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);
the insertion after the definition of “student” of the following definitions: “ ‘student-intern’ means a person registered as such in terms of section 19: ‘therapeutic aromatherapist’ means a person registered as such under this Act; ‘therapeutic massage therapist’ means a person registered as such under this Act: ‘therapeutic reflexologist’ means a person registered as such under this Act; ‘therapist’ means a person registered as a therapeutic aromatherapist, therapeutic massage therapist or therapeutic reflexologist in terms of this @’”;
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(pj tlie substitution for the definition of “this Act” of tlw following definition: “ ‘this AcI’ includes any [regulations] regulation. rule and order made or—. — issued under this Acl; ”:— .
(q) the insertion after the definition of “ this Act” of the following definitions: “ ‘unprofessional conduct’ means improper, dis~raceful, dishonorable 5 or—unworthy cond~t~duct which, when regard is had to the profession of a person who is registered in terms of this Act, is improper or disgraceful or dishonorable or unworthy; ‘vice-chairperson’ means the vice-chairperson contemplated in section 7(l).”; and 10
(r) the addition of the following subsection, the existing section becoming subsection (l):
“(2) For purposes of this Act— ((i)
(b)
(c)
a practitioner may— (i) diagnose, and treat or prevent, physical and mental disease, 15
illness or deficiencies in humans; (ii) prescribe or dispense medicine; or
(iii) provide or prescribe treatment for such disease, illness or deficiencies in humans;
a therapist may— 20 (i) treat or provide treatment for diagnosed disease, illness or
deficiencies in humans; or (ii) prevent such disease, illness or deficiencies in humans; and
any reference in this Act, except in section 16(3), (4), (5) and (6), to practitioner includes a therapist.”. 25
Substitution of heading of Chapter 1 of Act 63 of 1982, as substituted by section 2 of Act 40 of 1995
2. The following heading is hereby substituted for the heading of Chapter 1 of the principal Act:
“THE [CHIROPRACTORS, HOMEOPATHS AND] ALLIED HEALTH 30 [SERVICE] PROFESSIONS [INTERIM] COUNCIL OF SOUTH AFRICA: ESTABLISHMENT, OBJECTS AND FUNCTIONS”
Substitution of section 2 of Act 63 of 1982, as substituted by section 3 of Act 40 of 1995
3. The following section is hereby substituted for section 2 of the principal Act: 35
“Establishment of [Chiropractors, Homeopaths and] Allied Health [Service] Professions [Interim] Council of South Africa
2. ~ There is hereby established a juristic person to be known as the [Chiropractors, Homeopaths and] Allied Health [Service] Professions [Interim] Council of South Africa and the first meeting of the council shall 40 be convened by the [Director-General] registrar.
(?) The head office of the council shall be situated in Pretoria. ”.& ———
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[lm[ the name of any person be removed from the rcgi\ter con(empla(cd in subsection (4)(/)), or prohibit hlm or her for a speciiic period from nl~hing LISC of the right contemplated in subsection (~).
(6) The council may b;’ regul~tion demmine fees to be paid for the entering or re-entming of’ a name in tile register contemplated in subsection (4)(/2).”’.
Substitution of section 16A of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 and amended by section 93 of Act 88 of 1996
15. The following section is hereby substituted for section 16A of the principal Act:
“Control over training
16A. (1) Notwithstanding anything to the contrary in any law contained. no person or educational institution [excluding a university or technikon established by or under an Act of Parliament] shall offer or provide any education or training [which is intended to qualify any person for the practicing of any] in any allied health profession to which the provisions of this Act apply. unless such education or training has been considered by the relevant professional board and approved by the council after considering a—— recommendation by the relevant board.
(2) Any person or institution wishi~g to offer or to provide the education or training referred to in sub~ction ( 1 ) shall, before offerin~ or providing such education or training. apply to the council in writing for Its approval of such education or training and shall furnish such particulars regarding such education or training as the council may require.
(3) The council may, after consultation with the relevant professional board, grant or refuse any application made in terms of subsection (2) and may, if it has grdnted such application, prescribe such conditions and requirements as it may deem fit subject to which the education and training in question may be provided.
(4) The coun~il m~y appoint a person to attend examinations in respect of any allied health profession regulated by or under this Act which are being conducted by a person or institution whose app Iication has been approved by the council in terms of subsection (3).
(5) Any person who contravenes or fails to comply with any provision of this section. or any condition or requirement prescribed thereunder. shall be guilty of an offence and liable on conviction to a fine [not exceeding two thousand rand] or to imprisonment for a period not exceeding six months or to both [such] q fine and such imprisonment.”.
Substitution of section 16B of Act 63 of 1982, as substituted by section 8 of Act 63 of 1993
16. The following section is hereby substituted for section 16B of the principal Ac[:
“Prescribing of qualifications
16B. (1) Subject to the provisions of subsection (2), the Minister may from time to time, on the recommendation of the council, prescribe the qualifications obtained by virtue of examinations conducted by [a university or other] an educational institution or examining authority which, when held singl~ofintly with any other qualification, [shall] w entitle any holder thereof to registration under this Act as a [chiropractor, homeopath or] practitioner of an allied health [service] profession, [as the case may be,] if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed: Provided that if a——
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,ict N(). so. 2000 Cl{ IROPR,\CT(>RS, HO\l EOfJATHS AND .41 1.1[:[) Hl:..\l TH SERVICE PRC~FESSION’.S SEC()\-D .A\lEXllhlLN I_ ACT 20(X)
profession~l board has been established in lerms 01 section IOA( I&——-— council mus[ first consul[ the relevant professional board before rnakinz a——..—— t-ecommendation to the lMinisier re];i[in~ to a qufilification to be prescribed.——.
(2) No qualification obtained by virtue of examinations conducted by [a university or other] an educational institution w examining authority situated outside the Republic shall be prescribed under this section un]ess—-
such qualification entitles the holder thereof to practise as a [chiropractor, homeopath or] practitioner of an allied health [servicel profession. [as the case may be,l in the country or state in-. which such [university or other] educational institution or examining authority is situated; and the council is satisfied~~t possession of such qualification indicates a standard of professional training @ lower thwt that prescribed in respect of the training of [chiropractors, homeopaths or] practitio- ners of allied health [service] professions within the Republic.
Amendment of section 16C of Act 63 of 1982, as substituted by section 9 of Act 63 of 1993 and amended by section 8 of Act 40 of 1995
17. Section 16C of the principal Act is hereby amended by— (a) the substitution for subsections (l) and (2) of the following subsections.
respectively: (1) The council may accept a qualification other than a qualification
refereed to in section 16B, for the purpose of registration under this subsection, if such qualification, in the opinion of the council, indicates a satisfactory standard of professional education, and may, subject to the provisions of [subsections] subsection (2) [and (3)] and section 15(1) and (2), register any person as a [chiropractor, homeopath or] practitioner of an allied health [service] profession who possesses such qualification and who, in the opinion of the council, possesses sufficient professional knowledge and ability and is proficient in at least one of the official languages of the Republic: Provided that if a professional board has been established in terms of section 10A(1), the council must first consult the relevant professional board before making a recommendation to the Minister relating to a qualification to be prescribed.
(2) A person [referred to in] who has been granted temporary registration in terms of subsection (1), may only practise as a [chiropractor, homeopath or] practitioner of an allied health [service] profession [as the case may be] as prescribed— (a) for such period or periods as the council may determine; [and
before the expiration of which he shall satisfy the council that— (ii) he is conversant with the laws of the Republic relating to
chiropractic, homeopathy or the practice of an allied health service profession and the practicing of the profes- sion of a chiropractor or homeopath or an allied health service profession, as the case may be] and
[(c)]&) subject to suckconditions as the council may d=ermine. ”; and (b) the deletion of subsection (5).
Amendment of section 16D of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985
18. Section 16D of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) Any person who prevents any person authorised in lerms of subsection (1) from entering any institution or premises referred to in that subsection or who
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,\c’t N(L 50. 200(} CHIROPRACTORS. HONll;OPiTHS ANO .4[.1.IE[> HIA1.TI1 SERVICF PROF”ESSIOXS SECOND ,4\ fEXohJEXT ACT. JO(K)
h i n d e r s hinl m he~ in [he rnakio~ there in or thereon of any investig~tion contemplated in that subsection. shall be guilty ot’ an offence and liable on con\ ’iction to a fine [not exceeding R1OO] (V 10 imprisonment for a period not exccedin~ six months or to both a fine ai~d such imprisonment,”.
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Amendment of section 16E of Act 63 of 1982, as substituted by section 10 of Act 63 5 of 1993.
19. Section 16E of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) For [the] pu~oses of promoting education or training in [chiropractic, homeopathy or] any allied health [service] profession to which this Act applies, the council may, after consultation with the relevant professional board and notwithstanding the provisions of this Act, register any person not permanently resident within the Republic in the profession in which he or she gives education or training, for such period as the council may determine.”.
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Amendment of’ section 18 of Act 63 of 1982, as substituted by section 12 of Act 63 15 of 1993
20. Section 18 of the principal Act is hereby amended by the substitution for subsection (1) of the fol[owing subsection:
“(1 ) Any person who [desires to be registered] enrols as a student in [chiropractic, homeopathy or] an allied health [service] profession shall in 20 writing apply [therefor] to the council for registration as a student, and such application shall be accompanied by the prescribed particulars and registration fee.”.
Insertion of section 19 in Act 63 of 1982
21. The following section is hereby inserted in the principal Act after section 18: 25
“Registration of interns
19. (1) Any person who has obtained a qualification which entilles him or her to register as a practitioner of an allied health profession under this Act after the Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act, 2000, commences and who wishes to practise such profession in the Republic, shall apply to the council for registration in the prescribed manner.
(2) (a) A person who has applied for registration in terms of subsection (1) may, on the recommendation of the relevant professional board, be registered by the council as an intern.
‘(b) An intern must complete a prescribed internship programme before he or she may be registered as a practitioner of the profession in question.
(3) The council may, after consultation with the relevant professional board. register a person who has not yet graduated as a student intern and may permit such student to commence with a prescribed internship programme.
(4) No person maybe registered by the council m a practitioner unless he or she has graduated and has completed the prescribed internship.
(5) The duration. requirements, conditions and rules pertaining to an internship are as prescribed.”.
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Amendment of section 21 of Act 63 of 1982, as amended by section 10 of Act 108 of 1985 and section 13 of Act 63 of 1993
22. Section 21 of the principal Act is hereby amended by— (a) the addition in subsection(1) of the word “or” at the end of paragraph (~) and
the addition to the said subsection of the following paragraph: “&) is unable for any reason to
50 practise the pr_@ession for which he or— - — .
she is registered in terms of this Act.”; and.—.—— — . . .
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Ad N(). 50.2000 CHIROPRACTORS, HOLft;[)P.\[’f{S IE(.)IMTHS .AND A[.1.IED HI: A1.TtH
SERVICE PROFESSI(”)NS SECONJ.) .A\WSDMENT AC’t 20[)()
“(d) a fine not exceedin: [R1O 000] the prescribed amount.”; (c) the substitution in subsection (3) for parfigr~ll (([) of the following paragraph:
“(a) The council. or any commi[tee of’ the council, or ~ professional board. where any such committee =ofessional board holds an inquiry under powers delegated to it by the council, may for [the] purposes of any such inquiry take evidence and may, under the hand of the [chairman] chairperson of the council or the [chairman] chairperson of any such committee or board or the secretary of the council, summon any witness and require the production of any book, record, document or article. and may through the [chairman] chairperson concerned admin- ister the oath to or accept an affirmation from any witness, and may examine any book, record, document or article which a witness has been so required to produce.”;
(d) the substitution in subsection (3)(c) for the proviso of the following proviso: “: Provided that a person so summoned shaI1 be entitled to all the privileges to which a witness subpoenaed to give evidence before a provincial division of the [Supreme] ~ Court is entitled.”;
(e) the substitution for subsection (4) of the following subsection: (4) The [chairman] chairperson of the council, where the council
itself holds any such inquiry, or the [chairman] chairperson of any professional board, or committee of the council, holding any such inquiry, may appoint a person with adequate experience in the administration of justice as an assessor at the inquiry to advise the council, the professional board or the committee concerned, as the case may be, on matters of law. procedure or evidence.”;
(~) the substitution in subsection (7) for paragraph (a) of the following paragraph: “(a) terminate any suspension imposed under subsection (1)(b) before
the expiry of the specified period; and”; and (g) the substitution for subsection (9) of the foll~ng subsection:
(9) If any person registered in terms of this Act is alleged to be guilty of [improper or disgraceful] unprofessional conduct or conduct which, in consideration of the profession in respect of which that person is registered, is [improper or disgraceful] unprofessional, and the council or a professional board is of the opinion that on conviction after an inquiry under section 23, a fine not exceeding [R2 500] the prescribed amount shall be imposed on him ~, the council or professional board may issue a summons as prescribed against such person upon which an endorsement is made by the council or a professional board that such person may admit that he or she is guilty of the said conduct and that he or she may pay the fine stipulated.”.
Amendment of section 29 of Act 63 of 1982, as substituted by section IS of Act 63 of 1993
25. Section 29 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
“(b) Any rule contemplated in paragraph (a) referring to an allied health [service] profession shall only be made after consultation with the professional board concerned [(if any)].”.
Amendment of section 30 of Act 63 of 1982, as substituted by section 17 of Act 108 of 1985
26. Section 30 of the principal Act is hereby amended by— (a) the substitution in subsection(1) for the words following paragraph (b) of the
following words: “the council shall cause the matter to be investigated and may, if it deems it necessary. refer it to the relevant professional board to hold an inquiry———— in respect of that practitioner murcli$ mu~andis in accordance with the ‘provisions of section 24 and the regu~atl~ns made under section 38(l)(q).”;
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Act N(). 50.2000 CHIR[)I’RACTORS, !iC)h’E(>t?%THS AYD .ALI.IEi) HE,ALIH SF. I HE.kl .TH SER\’lCE PROI:ESSIONS SFCONIJ ALIEX![)41FY r ACT, 2000
Amendment of section 33 of Act 63 of 1WK2. as substituted by section 19 of’ Act 108 of 1985
30. Section 33 of the principal Act is here!>y alnendec[ by the substitution f(or paragraph (r) of the following paragraph:
“(c) in respect of annual fees: and”. 5—
Amendment of section 35 of Act 63 of 1982
31. Section 35 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) When any person is charged with a contravention of any provision of the [Medical Dental and Supplementary’] Health [Service] Professions Act, 1974 10 (Act No. 56 of 1974), and it is alleged that any act was at the commencement of this Act usually performed by persons who practise any profession to which this Act relates in the Republic, the onus of proving it shall be on the person alleging it.”.
Substitution of section 36 of Act 63 of 1982
32. The following section is hereby substituted for section 36 of the principal Act: 15
“Limitation of liability
36. The registrar or the council or a committee of the council or a professional board or any member or officer of the council or of a committee of the council or a member of a professional board shall not be liable for any act done in good faith under this Act.”. 20
Amendment of section 38 of Act 63 of 1982, as amended by section 22 of Act 108 of 1985, section 27 of Act 94 of 1991 and section 21 of Act 63 of 1993
33. Section 38 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) Any regulation made under this section may prescribe a penalty for any 25 contravention thereof or failure to comply therewith of a fine or imprisonment for a period not exceeding three months or both a fine and such imprisonment.”.
Amendment of section 38A of Act 63 of 1982, as inserted by section 23 of Act 108 of 1985 and amended by section 45 of Act 23 of 1993 and section 94 of Act 88 of 1996
34. Section 38A of the principal Act is hereby amended by— 30 (u) the substitution for subsection (2) of the following subsection:
“(2) Any practitioner who in respect of any professional ser\’ices rendered by him or her claims payment from any person (in this section referred to as the patient) shall, subject to the provisions of [section 32 of the Medical Schemes Act, 1967 (Act No. 72 of 1967)] section 59 of the 35 Medical Schemes Act, 1998 (Act No. 131 of 1998). furnish the patient with a detailed account within a reasonable period.”; and
(b) the substitution in subsection (3) for paragraph (d) of the following paragraph: “(d) The council may, after consultation with the relevant professional
board, from time to time determine and publish the fees used by the 40 council as a norm for the determination of’ amounts contemplated in p a r a g r a p h ( a ) . ” .
Amendment of section 38B of Act 63 of 1982, as inserted by section 22 of Act 63 of 1993
35. Section 38B of the principal Act is hereby amended by- 45 (a) the substitution in subsection(1) for paragraph (b) of the following paragraph:
40 No 21825 GOVEIWhlENT G,\ZETl F;. I DECFAIBER 2(X)()
!ict No. 50, 2000 CHIROPRACTORS. H()\lE0P,4THS AND .4[.L IED FiEAI.1’i3 SERYICE PROFESSIONS SE(-( )ND .ANIENDLIE NT ACT. ‘?()()()
“(b) by any penalty impowc( on him or her under section 24: ml”: and———- (h) the substitution for subsection 12) of the follo\ving subsection:
——
“(2) Any zipped cummitcee Ieferred [o in subsection ( 1), [shall] ~v be appointed by the Minister and shall consist of- (a)
(1?)
~ [magistrate with no fewer than ten years experience as a magistrate,] person who is legid[v qualifiid and who has practised in the field of law for a period of at least 10~ who shall be the— . [chairman] Chairperson; and two practitioners who practise the same profession as the appellant concerned, whc have no direct interest in the affairs of the appellant, [or] & are not in the employment of the appellant and who are not members of the council or professional board concerned.”.
Substitution of section 41 of Act 63 of 1982
36. The following section is hereby substituted for section 41 of the principal Act:
“Interpretation of laws in respect of certain medicine men and herbalists
41. The provisions of this Act and the [Medical, Dental and Supplementary] Heallh [Service] Professions Act, 1974 (Act No. 56 of 1974), shall not be construed as derogating from the right which a [medicine man or] herbalist contemplated in the Code of Zulu Law may have to practise his or her profession.”.
Substitution of section 41A of Act 63 of 1982, as inserted by section 9 of Act 40 of 1995
37. The following section is hereby substituted for section 41A of the principal Act:
‘sAbolition of Chiropractors, Homeopaths and Allied Health Service Professions Interim Council, and transitional arrangements
41A. (1) Notwithstanding section 5~he Chiropractors, Homeopath and Allied Health Service Professions Interim Council (in this section referred to as “the Interim Council”) shall cease to exist on the day immediately preceding the date of the first meeting of the council.
(2) All rights, obligations, assets and liabilities acquired or incurred by the Interim Council sha!l immediately vest in the council and the council shall be deemed to have acquired or incurred such rights, obligations, assets and liabilities in terms of this Act.”.—
Substitution of word in Act 63 of 1982
38. The principal Act is hereby amended by the substitution for the word “chairman”, wherever it occurs, of the word “chairperson”.
Substitution of section 43 of Act 63 of 1982, as substituted by section 24 of Act 63 of 1993
39. The following section is hereby substituted for section 43 of the principal Act:
“Short title
43. This Act shall be called the [Chiropractors, Homeopaths and] Allied Health [Service] Professions Act, 1982.”.
Substitution of long title of Act 63 of 1982, as substituted by section 10 of Act 40 of 1995
40. ‘The following long title is hereby substituted for the long title of the principal Act.
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‘r. provide fOr th~ ~O~UOI Cf [tie prcl,ct~ce of [the professions d’ chiropractor and homeopath and] allied hea(th ~~of~s~iclil~. and for that purpose to establish [a Chiropractors, Homeopaths and] an Allied Hexlth [Service] Professions [Interim] Council of Scjutll Afric\\ :lnd-~J deterIn.ine its functiorks: al~d~ro`.ide 5 for matters connected therewith.”.
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Savings and transitional provisions
40. (l)ln this section. `' Ir)teritri Couilcil'` lnearls the Chirc>practors. Homeopaths and Allied Health Ser\ice Professions Interim Council established by section 2 of the principal Act as it existed immediately before this ,4ct takes effect. 10
(2) Anyproclamation, notice, regulation. authorisation rule ororder issued. made. (~ranted or done in ter,ms of the princlpai Act, Or deemed to have been issued, made,e granted ord.one in terms of the principal Act, as it existed immediately before this Act takes effect, remains in force until withdrawn, cancelled or repealed by the Allied Health Professions Council of South Africa. established by section 2 of the principal Act (in this 15 section referred to as “the council”).
(3) Any inquiry into alleged improper or disgraceful conduct by a chiropractor, homeopath or person who practises in an allied health service profession. including any preliminary investigation undertaken to determine whether prima jiacie evidence exists which would justify such inquiry, and which has not been ccrncluded at the date of the 20 first meeting of the council, must be continued and concluded by the council.
(4) The council may institute and conclude disciplinary proceedings against any person who, at any tl.me before the first meeting of the council, is alleged to have c~,mmitted an act which constituted unprofessional conduct.
(5) Any person employed by the Interim Council immediately before the date on 25 wh~ch the Interim Council !s abolished in terms of section 41A of the principal Act, must be regarded as having been appointed by the courrcil in terms of section 11 of the principai Act.
(6) The person who was the registrar of the Interim Council immediately before this Act takes effect, continues to hold office and to perform the functions assigned to him or 30 t-rer in terms of the principal Act, as well as such functions as may be or may have been assigned to him or her by the Interim Colmcd or the council, until a registrar has been appointed by the council in terms of section 11 of the principal Act.
Short title and commencement
41. This Act is called the Chiropractors, Homeopaths and Allied Health Service 35 Professions Second Amendment Act, 2000, and takes effect on a date fixed by the President by proclamation in the Gazet[e.