Medical, Dental and Supplementary Health Service Professions Amendment Act [No. 89 of 1997]
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REPUBLIC OF SOUTH AFRICA /1 7??7 -:2-, . . -( .
GOVERNMENT GAZETTE .
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ofice as o Newspaper A.Y ‘II A’i[u.rb[od 1?> die P().skmzroor Geregi.vrreer
CAPE TOWN. 12 DECEMBER 1997 VOL 390 No. 18504
KA.APSTAD. 12 DESEMBER 1997
OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT
I No, 1644. 12 December 1997 No. 1644. 12 Desember 1997
I It is heretq notified that the President has assented Hierby w o r d bekend gemaak da t d i e P re s iden t s!
to the following Act which is hereby published for general goedkeuring geheg het aan die onderstaanck wet wat hiertn information:— ter algemene inligting gepubliseer word:—
No. 89 of 1997: Medical, Dental and Supplementary Health No. 89 van 1997: Wysigingswet op Geneeshere. Tandartse en Service Professions Amendment Act, Aanvullende Gesondheidsciiensberoepe. 1997. 1997.
. No 1s504 GOVERNMENT GAZETTE, 12 DECENIBER 1997
.Ict No. 89.1997 \lEDIC. \L. DENTAL .I.ND SUPPLEMENTARY HE.ALTH SERVICE PROFESSIONS AMENDMENT ACT, 1997
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlin~d with a solid line indicate insertions in existing enactments.
ACT To amend the Medical, Dental and Supplementary Health Service Professions Act, 1974, so as to insert certain definitions and to delete others: to provide for the establishment of the Health Professions Council of South Africa and professional boards for health professions; to abolish the Interim National }ledical and Dental Council of South Africa; to provide for control over the education, training, registration and practices of health professionals: and to provide for matters connected therewith.
B E IT ENACTED by the Pzrlimnent of’ the Republic of South Africa. asfollows:— Amendment of section 1 of Act 56 of 1974, as amended by section 1 of Act 33 of 1976, section 12 of Act 36 of 1977, section 1 of Act 52 of 1978, section 1 of Act 38 of 1982, section 1 of Act 58 of 1984, section 24 of Act 94 of 1991, section 1 of Act 58 of 5 1992 and section 1 of Act 18 of 1995
1. Section I of the Medical. Dental and Supplementary Health Service Professions Act, 1974 (hereinafter referred to as the principzil Act). is hereby amended—
(a) by the deletion of the definition of ‘-Ciskeian Medical Council”’; (b) bv the insertion after the definition of “Director-General” of the following 10
d~finitions: “ ‘impaired’ means a mental or physical condition. or the abuse of or dependence on chemical substances, which affects the competence, attitude, judgement or performance of a student or a person registered in terms of this Act; ]j ‘Interim National Medical and Dental Council of South Africa’ means the Interim National iMedical and Dental Council of South Africa referred to in section 2 of this Act prior to its amendment by the .MedicaL Dental and Supplementary Health Service Professions Amendment 4ct. IJ?9J”: ? ()
(L) by the substitution for the definition of “scheduled substance” of the following definition:
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Act No. 89, 1997 MEDICAL. DENTAL AND SUPPLEMENTARY HEALTH SERVICE PROFESSIONS AMENDMENT .4CT. 1997
“ ‘scheduled substance’ means [any medicine or] a scheduled substance [listed in the schedules to] as defined in section 1 of the Medicines and Related Substances [Control] Act, 1965 (Act No. 101 of 1965);”;
(d) by the deletion of the definition of “South African Medical and Dental Council”; 5
(e) by the deletion of the definition ot’ “ supplementary health service profes- sion”;
(,f) by the deletion of’ the definition of’ “Transkeian Medical Council”; and (g) by the insertion before the definition of “vice-president” of the following
definition: 10 “ ‘unprofessional conduct’ means improper or disgraceful or dishonorable or unworthy conduct or conduct which. when regard is had to the profession of a person who is registered in terms of this Act, is improper or diss?raceful or dishonorable or unworthv:”.
Substitution of heading to Chapter I of Act 56 of 1974. as substituted by section 2 15 of Act 18 of 1995
2. The following heading is hereby substituted for the heading to Chapter I of the pnncipai Act:
“’ESTABLISHMENT [AND], OBJECTS, FUNCTIONS AND POWERS OF THE [INTERIM NATIONAL MEDICAL AND DENTAL] HEALTH PROFES- 20 SIONS COUNCIL OF SOUTH AFRICA”.
Substitution of section 2 of Act 56 of 1974, as substituted by section 3 of Act 18 of 1995
3. The following section is hereby substituted for section 2 of the principal Act:
“’Establishment of Health Professions Council of South Africa :5
2. ( 1 ) There is hereby established a juristic person to be known as the Health Professions Council of South Africa and the first meeting of the council shall be convened by the registrar.
(2) The head office of the council shall be situated in Pretoria.”,
Substitution of section 3 of Act 56 of 1974, as amended by section 2 of Act 58 of 1992 30 and section 4 of Act 18 of 1995
4. The following section is hereby substituted for section 3 of the principal Act:
“Objects of council
3. The objects of the council are— (a) to co-ordinate the activities of the professional boards established in ] 35
(b)
(c)
(d)
(e)
(f)
terms of this Act and to act as an advisory and communicator body for such professional boards; to promote and to regulate interprofessional liaison between registered professions in the interest of the public; to determine strategic policy, and to make decisions in terms thereof, 40 with regard to the professional boards and the registered professions, for matters such as finance, education, registration, ethics and professional conduct, disciplinary procedure, scope of the professions, interprofessional matters and maintenance of professional compe- tence; 45 to consult and liaise with relevant authorities on matters affecting the professional boards in general; to assist in the promotion of the health of the population of the Republic; subject to the provisions of section 15A of this ,\ct, the Nursing Act, 50 1978 (Act No. 50 of 1978), the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 (Act No. 63 of 1982). and the Pharmacy Act, 1974 (Act No. 53 of 1974), to control and to
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exercise authority in respect of all matters affecting [he training of persons in, and the manner of the exercise of the practices pursued in connection with, the diagnosis, treatment or prevention of physical or mental defects, illnesses or deficiencies in human kind;
(g) to promote liaison in the field of training referred to in paragraph (~), both in the Republic and elsewhere, and to promote the standards ot’ such training in the Republic;
(/1) to advise the Minister on any matter falling within the scope of this Act in order to support the universal norms and values of health professions. with greater emphasis on professional practice. democ- racy, transparency. equity. accessibility and community involvement: and
(i) to communicate to the Minister information of public importance acquired by the council in the course of the performance of its functions under this Act.”,
Substitution of section 4 of Act 56 of 1974
5. The following section is hereby substituted for section 4 of the principal Act:
“’General powers of council
4. The council mav— (a) acquire, hire or dispose of property. borrow money on the security of
the assets of the council and accept and administer any trust or donation:
(b) render financial assistance to professional boards in order to enable such boards to perform their functions;
(c) consider any matter affecting the professions registrable with the council generally. and make representations or take such action in connection therewith as the council deems advisable:
(d) make rules on all matters which the council considers necessary or expedient in order that the objects of this Act may be achieved;
(e) delegate to any committee or any person such of its powers as it may from time to time determine, but shall not be divested of any power so delegated: and
(jl perform such other functions as may be prescribed. and generally, do all such things as the council deems necessary or expedient to achieve the objects of this Act.”’,
Substitution of section 5 of Act 56 of 1974, as substituted by section 5 of Act 18 of 1995
6. The following section is hereby substituted for section 5 of the principal Act:
‘(Constitution of council
5. ( 1 ) The council shall be representative and shall consist of the following members, namely— (a) not more than 25 persons desigfiated by the professional boards, on a
basis proportional to the number of persons registered to practise the professions falling under each professional board: Provided that each professional board shall be entitled to designate at least one person registered in terms of this Act;
(b) one person in the employment of the Department of Health, appointed by the Minister;
(c) one person in the employment of the Department of Education. appointed by the Minister of Education;
(d) nine persons registered in terms of this Act. appointed by the Minister; (e) one person from the South African Medical Services, appointed by the
Minister of Defence:
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(f) (g) (}1)
(i)
\lEDIC.AL. DENTAL AND SUPPLEMENTARY HEALTH SERVICE PROFESSIONS AMENDMENT ACT. 1997
three persons appointed by the Committee of University Principals; two persons appointed by the Committee of Technikon Principals: nine public representatives, one from each province, appointed by the Member of the Executive Council responsible for health in each province: Provided that such representatives shall not be persons registered in terms of this Act; and one person versed in law, appointed by the Minister.
(2) Subject to the provisions o~ section 6. the members of the council shall hold oftice for a period of five years. but shall be eligible for redesignation or reappointment for one more term.
(3) Not less than three months ptior to the date of expiry of the term of office of the members of the council, the persons and bodies referred to in subsection ( 1), except the Minister. shall inform the registrar in writing of the names of the persons to be designated or appointed by them in terms of that subsection.
(4) As soon as possible after the process referred to in subsection (3). the .Minister shall inform the registrar of the names of the persons to be appointed by the Minister in terms of subsection ( 1).
(5) If any of the persons or bodies referred to in subsection ( 1). except the Minister. fails to make a designation or an appointment or to inform the regls[ru in [ems of subsection (3) of the names of the persons to be designated m appointed by them, the Minister shall make the necessary designation or appointment. and any designation or appointment so made by the Minister shall be deemed to have been properly made in terms of the appropriate paragraph of subsection ( 1).
(6) The names of the members of the council and the date of commencement of their term of office shall be published by the registrar in the Ca:et[e as soon as possible after the constitution of the council.”.
Substitution of section 6 of Act 56 of 1974, as amended by section 46 of Act 97 of 1986. section 4 of Act 58 of 1992 and section 6 of Act 18 of 1995
7. The following section is hereby substituted for section 6 of the principal Act:
“’Vacation of office and filling of vacancies
6. ( 1 ) A member of the council shall vacate his or her office if— ((7)
(b)
(c)
(d)
(e) (f)
(g)
(}1)
his or her estate is sequestrated or he or she has entered into a composition with the creditors of his or her estate; he or she has been absent from more than two consecutive ordinary meetings of the council without the council’s leave: he or she is or becomes disqualified under this Act from practicing his or her profession; he or she ceases to hold any qualification necessary for his or her designation or appointment or tenders his or her resignation in writing to the [Minister] person or bodv by whom he or she was desismated or appointed and [the Minister] that person or body accepts his or her resignation; he or she ceases to be a South African citizen; he or she becomes a patient as defined in section 1 of the Mental Health Act. 1973 (Act No. 18 of 1973); he or she is convicted of an otience in respect whereof he or she is sentenced to imprisonment without the option of a tine: or the Minister, in the public interest and for just cause, and after consultation with the person or bodv by whom the member was designated or appointed. terminates his or her membership.
(~) EverY vacancy on the counci] arising from a circumstance referred (0 in subsecti& ( I ) and every vacancy cause~ by the death of a member, shall be filled by designation or appointment by the [Minister of a person nominated by the Council] person or body bv whom and in the manner in which the vacating member was designated or appointed. and every member so desimated or appointed shall hold office for the unexpired
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portion of the period for which the vacating member was designated or appointed.”.
Substitution of section 10 of Act 56 of 1974, as amended by section 3 of Act 58 of 1984, section 5 of Act 58 of 1992 and section 8 of Act 18 of 1995
8. The following section is hereby substituted for section 10 of the principal Act:
“Committees
10. ( I ) (a) The council may from time to time establish such committees. including disciplinary committees, as it may deem necessary, each consisting of so many persons, appointed by the council. as the council may determine but including, except in the case of a disciplinary appeal committee referred to in subsection (2). at least one member of the council. who shall be the chairperson of such committee.
(b) The council may. subject to the provisions of subsection (3), delegate to any committee so established or to any person some of its powers as it may from time to time determine. but shall not be divested of my power so delegated.
(2) The council shall from time to time, as the need arises. establish mi hoc disciplinary appeal committees, each consisting of. as chairperson, a retired judge or retired senior magistrate, or an attorney or advocate with at least 10 years’ experience, not more than two registered persons drawn from the profession of the registered person in respect of whose conduct a disciplinary committee of a professional board had held an inquiry, and a member of the council appointed to represent the community. which member shall not be a registered person.
(3) A disciplinary appeal committee referred to in subsection (2) shall have the power to vary, confirm or set aside a finding of a disciplinary committee established in terms of subsection ( 1 ) or to refer the matter back to the disciplinary committee with such instructions as it may deem fit.
(4) A decision of a disciplinary committee, unless appealed against. shall be of force and effect from the date determined by the disciplinary committee.
(5) Where a matter has been considered by a disciplin~ appeal committee the decision of the disciplinary appeal committee. unless appealed against, shall be of force and effect from the date determined by the disciplinary appeal committee.
(6) The council may, after consultation with one or more professi >nal boards, establish a joint standing committee of the council and the board or boards.”.
Repeal of section 11 of Act 56 of 1974
9. Section 11 of the principal Act is hereby repealed
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Amendment of section 12 of Act 56 of 1974, as amended by section 9 of Act 18 of 1995
10. Section 12 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection:
“’(2) The registrar shall be the secretary of the council and of each professional board and he or she shall perform the functions and carry out the duties assigned to or imposed upon him or her in terms of this Act as well as such functions and duties as may from time to time be assigned to or imposed upon him or her by the council.”; and
(b) by the insertion after subsection (2) of the following subsection: “(2A) The registrm may in writing authorise any member of his or her
staff to exercise or perform any power, duty or function conferred or imposed on him or her by or in terms of this Act.”.
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Amendment of section 13 of Act 56 of 1974, as amended by section 4 of Act 52 of 1978 and section 3 of Act 79 of 1990
11. Section 13 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) [(’a)] All registration and examination fees and any other fees payable under 5 this Act shall. unless otherwise provided. be paid to the council and shall constitute its funds md the council shall utilize its funds for defraying expenses incurred in connection with the performance of its functions.”.
Substitution of section 15 of Act 56 of 1974, as amended by section 46 of Act 57 of 1975 and section 11 of Act 18 of 1995 10
12. The following section is hereby substituted for section 15 of the principal Act:
“Establishment of professional boards
15. ( I ) The Minister shall. on the recommendation of the council. est~blish a professional board with regard to any profession in respect of which a register is kept in terms of this Act. or with regard to two or more such professions.
(2) The Minister may. on the recommendation of the council. change the professional boards with regard to the professions for which the boards have been established, and establish other boards.
(3) Before making a recommendation as contemplated in subsection (2), the council shall consult with any body which is or persons who are in the opinion of the council representative of the majority of persons to be affected by such change or establishment.
(4) The Minister may. on the recommendation of the counci(. make regulations relating to the constitution. functions and functioning of a professional board.
(5) Regulations relating to the constitution. functions and functioning of a professional board shall at least provide for— [0)
(b)
(c) (d) fe) (f)
(g)
(h)
(i)—
Insertion of sections 15A and 15B in Act 56 of 1974
[he majority of the members of a professional board to be elected by the members of the profession involved; persons representing the community to comprise not less than 20 per cent of the membership of a professional board, with a minimum of one such representative for every profession: relevant educational institutions [o be represented: the health authorities to be represented; one or more persons versed in law to be appointed. where appropriate: the establishment by a professional board of such committees as it may deem necessary. each consisting of so many persons appointed by the board as the board may determine, but including at least one member of the board who shall be the chairperson of such committee. and the delegation to any person or any committee so established, such of its powers as it may from time to time determine, but shall not be divested of any power so delegated: the procedure to be followed for the appointment and election. as the case may be, of the members tif a professional board; the election of a chairperson and vice-chairperson by the members of a professional board and the powers and functions of such a chairperson and vice-chairperson; and the term of office of the members of a professional board.”.
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13. The following sections are hereby inserted after section 15 of the principal Act:
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“Objects of professional boards
15A. The objects of a professional board are— (a) to consult and liaise with other professional boards and relevant
(b)
(c)
(d)
(e)
authorities on matters affecting the professional board; to assist in the promotion of the health of the population of the Republic on a national basis; subject to the provisions of section 3 of this Act. the Nursing Act, 1978 (Act No. 50 of 1978), the Chiropractors. Homeopaths and Allied Health Service Professions Act. 1982 (Act No. 63 of 1982), and the Pharmacy Act. 1974 (Act No. 53 of 1974), to control and to exercise authority in respect of all matters affecting the training of persons in. and the manner of the exercise of the practices pursued in connection with, any profession falling within the ambit of the professional board; to promote liaison in the field of the training contemplated in paragraph (c). both in the Republic and elsewhere. and to promote the standards of such training in the Republic; to advise the Minister on any matter falling within the scope of this Act as it relates to any profession falling within the ambit of the professional board in order to support the universal norms and values of the profession. with greater emphasis on professiorml practice. democracy, transparency. equity, accessibility and community in- volvement: to communicate to the Minister information on matters of public importance acquired by the professional board in the course of the performance of its functions under this Act; to maintain and enhance the dignity of the profession and the integrity of the persons practicing the profession; and
(g)
(h) to guide the profession and to protect the public.
General powers of professional boards
15B. ( 1 ) A professional board may— (a) in such circumstances as may be prescribed, or where otherwise
(b)
(c) (d)
(e)
(f)
(,3’)
authorised by this Act, remove any name from a register or, upon payment of the prescribed fee. restore thereto. or suspend a registered person from practicing his or her profession pending the institution of a formal inqui~ in terms of section 41; appoint examiners and moderators, conduct examinations and grant certificates, and charge such fees in respect of such examinaticus or certificates as may be prescribed; subject to prescribed conditions. approve training schools; consider any matter affecting any profession falling within the ambit of the professional board and make representations or take such action in connection therewith as the professional board deems advisable; upon application by any person, recognise any qualification held by him or her (whether such qualification has been obtained in the Republic or elsewhere) as being equal, either wholly or in part. to any prescribed qualification, whereupon such person shall, to the extent to which the qualification has so “been recognised, be deemed [o hold such prescribed qualification; after consultation with another professional board or boards, establish a joint standing committee or committees of the boards concerned; and petform such other functions as may be prescribed, and generally. do all such things as the professional board deems necessary or expedient to achieve the objects of this Act in relation to a profession falling within the ambit of the professional board.
(2) Any decision of a professional board relating to a matter falling entirely within its ambit shall not be subject to ratification by the council, and the council shall, for this purpose, determine whether a matter falls entirely within the ambit of a professional board.”.
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Amendment of section 16 of Act 56 of 1974, as amended by section 7 of Act 58 of 1992
14. Section 16 of the principal Act is hereby arnended— (a) by the substitution in subsections (1), (2), (3) and (4) for the word “council”.
wherever it occurs, of the words “professionrd board concerned”: and 5 (b) by the deletion in subsection (5) of the words “not exceeding five hundred
rand”.
Amendment of section 17 of Act 56 of 1974, as amended by section 47 of Act 57 of 1975. section 2 of Act 33 of 1976 and section 8 of Act 58 of 1992
15. Section 17 of the principal Act is hereby amended— 10 (a) by the substitution for paragraph (a) of subsection ( 1 ) of the following
paragraph: “(a) the profession of a medical practitioner, dentist, psychologist or as
an intern or an intern psychologist or any profession registrable in terms of this Act; or”; 15
(b) by the substitution for the words preceding subparagraph (i) of paragraph (b) of subsection ( 1 ) of the following words:
“except in so far as it is authorized by the provisions of the Nursing Act. 1978 (Act No. 50 of 1978), the [Associated] Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 (Act No. 63 of 1982), 20 the Pharmacy Act, 1974 (Act No. 53 of 1974), and sections [32] 33, 34 and 39 of this Act, for gain any other profession the practice of which mainly consists of—”;
(c) by the substitution for subsection (2) of the following subsection: “(2) Every person desiring to be registered in terms of this Act shall 25
apply to the [council] registrar and shall submit the qualification which, in his or her submission. entitles him or her to registration, together with such proof of identity and good character and of the authenticity and validity of the qualifications submitted as may be required by the [council] professional board concerned.”; and 30
(d) by the substitution for subsection (4) of the following subsection: “(4) If the registrar is not satisfied that the qualification or other
documents submitted in support of the application satisfy the require- ments of this Act, he or she shall refuse to issue a registration certificate to the applicant, but shall. if so required by the applicant. submit the 35 application to the [council] professional board concerned for decision.”.
Amendment of section 18 of Act 56 of 1974, as amended by section 48 of Act 57 of 1975, section 3 of Act 33 of 1976, section 13 of Act 36 of 1977 and section 9 of Act 58 of 1992
16. Section 18 of the principal Act is hereby amended— 40 (a) by the substitution for subsections ( 1 ) and (2) of the following subsections:
“(1 ) The registrar shall keep [separate] registers in respect of medical practitioners, dentists, interns, student interns, medical students, dental students, psychologists, intern-psychologists and psychology students or any other health professionals a; determined by the council and perso= 45 doing community service in terms of section 24A and shall, on the instructions of the [council] professional board. enter in the appropriate register the name, physical address, qualifications, date of initial registration and such other particulars (including, in the case of medical practitioners. dentists and psychologists, the name of their speciality or 50 category, if any) as the [council] professional board may determine, of every person whose application for registration in terms of section 17(2) has been granted.
(~) The registrw shall keep the registers co~ectly and in accordance with the provisions of this Act and shall remove therefrom the names of 55 all registered persons who have died or whose [period of registration has expired in terms of regulations made under section 26(l)] names have to be removed in terms of this Act and shall from time to time make
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the necessary alterations in the addresses or qualifications of registered persons.”:
(b) by the deletion of subsection (4); and (c) by the substitution in subsection (5) for the word “council”. wherever it
occurs. of the words “professional board”.
Amendment of section 19 of Act 56 of 1974, as amended by section 10 of Act 58 of 1992
17, Section 19 of the principal Act is hereby amended— (fl) in subsection ( I)——
(i) by the substitution for the words preceding paragraph (a) of the following words:
“The [council] professional board concerned may direct the registrar to remove from the register the name of any person—”;
(ii ) by the substitution for paragraph (b) of the following paragraph: “’(b) who has failed to notify the registrar, within a period ot’ three
months as from the date of an enquiry sent by the registrar by [registered letter] certified mail to [he address appearing in the register in respect of such person. of his or her present address;”; and
(iii ) by the substitution for paragraph (d) of the following paragraph:
(b)
(c)
(d)
(e)
“(d) who has failed to pay to the [council] professional board, within three months as from the date on which it became due for payment, any annual fee prescribed by the [council] professional board in terms of section 62[(1) or 63(l)];”;
by the substitution for subsection (2) of the following subsection: “(2) Notice of the removal, in terms of subsection ( 1), of his or her
name from the register, or of the removal, in terms of section 18(5), of an entry from the register, shall be given by the registrar to the person concerned by way of [a registered letter] certified mail addressed to such person at the address appearing in respect of him or her in the register.”;
by the deletion at the end of paragraph (c) of subsection (5) of the word ..md?,:
by the insertion after paragraph (c) of subsection (5) of the following p&agraph:
“(cA) paying any annual fee which was not paid and payment of an additional fee as may be decided upon; and”; and
by the deletion of subsection (6).
Insertion of section 20 in Act 56 of 1974
18. The following section is hereby inserted after section 19 of the principal Act:
“’Right to appeal
20. (1) Any person who is aggrieved by any decision of the council. a professional board or a disciplinary appeal committee. may appeal to the appropriate High Court against such decision.
Q) Notice of appeal must be given within one month from the date on which such decision was given.”.
Amendment of section 22 of Act 56 of 1974
19. Section 22 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1):
‘-(~) A cefiificate of registration shall be evidence of re@stration for a period of one year only and thereafter an annual practicing certificate, which shall be issued upon payment of the required annual fee and the submission of such information as may be required by the council to enable it to keep accurate statistics on human resources in the health field, shall be regarded as proof of registration.”.
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Amendment of section 23 of Act 56 of 1974
20. Section 23 of the principal Act is hereby amended by the addition of the following subsection:
“(4) A certificate may be issued subject to certain conditions imposed by the professional board concerned and such conditions shall be indicated on the 5 certificate.”.
Substitution of section 24 of Act 56 of 1974, as amended by section 1 of Act 43 of 1980 and section 2 of Act 38 of 1982
21. The following section is hereby substituted for section 24 of the principal Act:
“Qualifications prescribed for registration 10
24. The Minister may, on the recommendation of the council, prescribe the qualifications obtained by virtue of examinations conducted by a ‘ university, a technikon or other examining authority in the Republic, which. when held singly or conjointly with any other qualification. shall entitle any holder thereof to registration in terms of this Act if he or she has. before or 15 in connection with or after the acquisition of the qualification in question. complied with such conditions or requirements as may be prescribed.”.
Insertion of section 24A in Act 56 of 1974
22. The following section is hereby inserted after section 24 of the principal Act:
“Community service 20
24A. ( 1 ) Notwithstanding section 24, any person re,zisterin,~ for the first time for a profession listed in the regulations in terms of this Act after the commencement of the Medical. Dental and Supplementary Health , Service Professions Amendment Act. 1997. shall perform remunerated medical community service for a period of one year in terms of the 25 regulations contemplated in subsection (2) and shail. on the completion of ~ such service. be entitled to practise the profession in question.
(2) The Minister may, after consultation with the council, make 1 regulations concerning the performance of the service contemplated in subsection ( 1). including but not limited to- 30
(i) the place or places at which it is to be performed: (’ii) the conditions of employment.”’.
Substitution of section 25 of Act 36 of 1974
~3. The following sec[lon is hereby substituted for section 25 of [he principai Act:
“Registration of persons qualified outside Republic 35
25. (1) The Minister may, in consultation with the council, by regulation provide that any person who holds-such qualification as the council may, for the purpose of registration in a category in terms of this subsection. accept by virtue of the fact that such qualification, in the opinion of the council, indicates a satisfactory standard of professional education, may be 40 registered in terms of this section, and thereupon the council may in its discretion, but subject to any regulations which the Minister may make. register such person.
(2) The council may require a person who holds a qualification referred to in subsection (1) and who applies for registration in terms of this section. 45 to pass to the satisfaction of the council, on a date and at a place determined by the council, an evaluation contemplated in subsection (3) before persons appointed by the council, for the purpose of determining whether such ,
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person possesses adequate professional knowledge and skill and whether he or she is proficient in any of the official languages of the Republic.
(3) The council may from time to time determine the nature of the evaluation which shall be conducted for the purpose of subsection (2), and the fees which shall be paid by persons who present themselves for such 5 evaluation, the requirements for admission to the evaluation, and any other matter relating to such evaluation, including the number of attempts.
(4) The iMinister may, in consultation with the council, make regulations concerning the imposition of restrictions on any person registered in terms of subsection (1). subject to which he or she shall be entitled to practise the 10 profession in question, and the lifting of such restrictions.”’.
Substitution of section 26 of Act 56 of 1974, as amended by section 6 of Act 52 of 1978 and section 5 of Act 79 of 1990
24. The following section is hereby substituted for section 26 of the principal Act:
“’Compliance with certain conditions relating to continuing education 15 and training a prerequisite for continued registration
26. The council may from time to time make rules which prescribe— (a) conditions relating to continuing education and training to be
undergone by persons registered in terms of this Act in order to retain such registration; 20
(b) the nature and extent of continuing education and training to be undergone by persons registered in terms of this Act; and
(c) the criteria for reco.mition by the council of continuim? education and training courses and of educ~tion institutions offering such courses.”.
Repeal of sections 27 and 28 of Act 56 of 1974
25. Sections 27 and 28 of the principal Act are hereby repealed.
Substitution of section 29 of Act 56 of 1974, as substituted by section 2 of Act 43 of 1980
26. The following section is hereby substituted for section 29 of the principal Act:
“Registration of certain persons so as to enable them to give educational demonstrations
29. (1) For the purpose of promoting [medical. dental or psychological] education or training for the practicing of a [supplementary health service] profession in respect of which registration in terms of this Act is a requirement. the council may, notwithstanding the provisions of this Act. register any person not permanently resident within the Republic [as a medical practitioner, dentist or psychologist or in respect of a supplementary health service profession] to practise such profession for such period as the council may dgtermine.
(2) Any person registered in terms of subsection (1) may give demonstrations, at institutions approved for that purpose by the council, of [as the case may be, medical, dental or psychological techniques or] techniques in respect of [a supplementary health service] such profes- sion.”.
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Substitution of section 30 of Act 56 of 1974
27. The following section is hereby substituted for section 30 of the principal Act:
“’Registration of certain persons so as to enable them to engage in post-graduate studies
30. ( 1 ) Any person not permanently resident within the Republic and having such training and experience as the [council] professional board concerned may. for the purposes of this section, deem satisfactory, may. notwithstanding the provisions of this Act, be registered by the [council] professional board for the purposes of subsection (2) [as a medical practitioner, dentist or psychologist] for such period, not exceeding two years, as the [council] professional board may determine.
(2) Any person registered in terms of subsection ( 1 ) shall only be entitled to engage in post-graduate or post-diploma studies [in a department of a faculty of medicine or of dentistry or of psychology] at such university, technikon or other training institution in the Republic as the [council] professional board may determine.”.
Amendment of section 31 of Act 56 of 1974, as amended by sections 46 and 47 of Act 97 of 1986
28. Section 31 of the principal Act is hereby amended— (a)
(c)
by the substitution for the heading of the following heading: ‘“Universities, technikons and other training institutions to furnish council with certain particulars”; by the substitution for the words preceding pamgraph ( a) of subsection ( 1 ) of the following words:
“Every university, technikon or educational institution at which a qualification can be obtained which entitles any holder thereof to registration under this Act [as a medical practitioner, intern, dentist or psychologist]. shall furnish the council on its request with full particulars as to-”; and
by the substitution for subsections (2). (3). (4) and (5) of the following subsections:
“(2.) If any university, technikon or educational institution referred to in subsection (1) fails or refuses to furnish any particulars requested by the council under that subsection, or if it appears to the council that any provision of this Act is not being properly complied with by any such university, technikon or educational institution and that such improper compliance is having or may have an adverse effect on the standards of education [in medicine, dentistry or psychology] maintained at that university, technikon or educational institution. the Minister may, on the recommendation of the council, by notice in the Ga:ette declare that any specified qualification granted by such university, technikon or educa- tional institution after a date specified in the notice shall not entitle any holder thereof to registration under this Act.
(3) The Minister may, when it has been made to appear to him or her upon representations made by the council that satisfactory provision has been made for complying with the requirements of this Act by any university, technikon or educational institution in respect of any qualification which is the subject of a notice issued under subsection (2). repeal the said notice.
(4) A qualification specified in a notice issued under subsection (2) which has been granted by the university, technikon or educational institution to which such notice relates between the date specified in that notice and the date of the repeal of that notice, shall not entitle the holder thereof to registration under this Act.
(5) The council may appoint a person to be present whenever tests are being conducted by any university, technikon or educational institution
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in respect of the academic progress made by [medical, dental or psychology] students at such university, technikon or educational institution and to report to the council upon such tests.”.
Repeal of sections 32, 32A and 32B of Act 56 of 1974
29. Sections 32, 32A and 32B of the principal Act are hereby repealed.
Amendment of section 33 of Act 56 of 1974, as amended by section 3 of Act 43 of 1980
30. Section 33 of the principal Act is hereby amended— (u) by the substitution for the heading of the following heading:
“Definition of scope of other health professions registrable in terms of this Act and registration of certain persons”;
(b) by the substitution for subsection (1) of the following subsection: “(1 ) The Minister may, on the recommendation of the council, by
regulation define the scope of any [supplementary] other health [service] profession registrable in terms of this Act by specifying the acts which shall for the purposes of the application of this Act be deemed to be acts pertaining to that profession: Provided that such regulation shall not be made unless the professional board established in terms of section 15 in respect of any profession which may in the opinion of the LMinister be affected by such regulation, has been given an opportunity of submitting, through the council, representations as to the definition of the scope of the profession in question: Provided further that if there is a difference of opinion between the council and such professional board as to the definition of the scope of the profession concerned, the council shall mention this fact in its recommendation.”;
(c) by the substitution for the words preceding paragraph (a) of subsection (2) of the following words:
“When a professional board has been established under section 15 in respect of any [supplementary] other health [service] profession. tbe [council] professional board shall. subject to such restrictions in respect of his or her professional activities as [the council] it may determine. register [in a register kept separately from the reg;ster kept under section 32] in respect of such profession, the name of any person w h o - ” ;
(d) by the substitution for paragraph (c) of subsection (2) of the following paragraph:
“(c) submits to the [council] professional board an application in the prescribed form containing proof to the satisfaction of the [council] professional board of the facts referred to in paragraph (a) (i) and (ii), within six months (or such longer period as the [council] professional board may allow) after the date on which such professional board was established.”; and
(e) by the substitution for subsections (3), (4) and (5) of the following subsections:
“(3) The [council] professional board may conduct an oral or practical examination for a person referr~d to in subsection (2) in order to determine the restrictions referred to in that subsection in respect of his or her professional activities.
(4) Any person registered under subsection (2) in respect of [a supplementa~] any other health [service] profession shall only be entitled to practise that profession subject to- (a) such restrictions in respect of his or her professional activities; and (b) the use of such name, title and description in respect of his or her
profession, as the [council] professional board may determine.
(5) The [council] professional board may allow a person referred to in
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28 NO, 18504 GOVERNMENT GAZETTE, 12 DECEMBER 1997
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subsection (2) to sit for an examination [referred to in section 32B(2)] and if such person passes such examination to the satisfaction of the [council] professional board. it shall exempt him or her from all restrictions imposed in respect of him ~ under subsection (2).”.
Amendment of section 34 of Act 56 of 1974, as substituted by section 4 of Act 43 of 1980
31. Section 34 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) Subject to the provisions of sections 33(2)(c) and 39, no person shall practise for gain within the Republic [a supplementary] y other health [service] profession the scope of which has been defined by the Minister in terms of section 33( 1). unless he or she is registered in terms of this Act in respect of such profession.”.
Amendment of section 35 of Act 56 of 1974, as amended by section 8 of Act 52 of 1978
32. Section 35 of the principal Act is hereby amended by the substitution for subsection ( IA) of the following subsection:
“(1 A) Where a [medical practitioner, dentist or psychologist] person fails in respect of any provision of a regulation made under section 61(1) [(P)] M and applies to have a speciality registered in terms of this section, the council may require him or her to pass to the satisfaction of the council, on a date and at a place determined by the council, an examination prescribed under subsection ( 1 B) before examiners appointed by the council. for the purpose of determining whether his or her professional knowledge and skill in the professional field of his or her speciali~ =utliciently adequate to enable him or her to practise as a specialist.”.
Amendment of section 36 of Act 56 of 1974, as amended by section 16 of Act 36 of 1977 and section 12 of Act 58 of 1992
33. Section 36 of the principal Act is hereby amended— (a) in subsection (1 )—
(i) by the substitution for the words preceding subparagraph (i) of paragraph (c) of the following words:
““except in accordance with the provisions of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965). the pha~acy Act, 1974 (Act No. 53 of 1974), the Health Act, 1977 (Au: iNo. 63 of 1977), the Nursing Act. 1978 (Act No. SO of 1978). the [Associated] Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 (Act No. 63 of 1982), and sections [32] 33,34 and 39 of this Act, performs any act whatsoever having as its object—”;
(ii) by the substitution for paragraph @of the following paragraph: “(fl except in accordance with the provisions of the Medicines and
Related Substances Act, 1965, the Pharmacy Act, 1974, the Health Act, 1977, the Nursing Act, 1978, the [Associated] Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, and sections [32] 33, 34 and 39 of this Act, by words, conduct or demeanour holds himself or herself out to be able, qualified or competent to diagnose, treat or prevent physical defects, illnesses or deficiencies in man or to prescribe or supply any medicine. substance or thing in respect of such defects, illnesses or deficien- cies; or”; and
(iii) by the substitution for the words following upon subparagraph (iii) of paragraph (g) of the following words:
“shall be guilty of an offence and on conviction liable to a fine [not exceeding five hundred rand] or to imprisonment for a period not exceeding twelve months or to both such fine and such imp~son- merit. ”; and
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(b) by the substitution for the words preceding subparagraph (i) of paragraph (a) of subsection (2) of the following words:
‘ i --J5 a medical practitioner, dentist or psychologist, as the case may be. before he or she may be registered as such; 1 the circumstances under which any person referred to in paragraph (i) ~ shall be entitled to exemption from such training; the minimum ages of persons eligible for registration in terms of this 50 Act; the qualifications which may be registered as additional qualifications 1 in terms of section 35; and
54 N O. 18504 GOVERNMENT GAZETTE. 12 DECEMBER [99
Act No. 89, 1997 ,MEDICAL. DENTAL AND SUPPLEMENT.\RY HEALTH SERVICE PROFESSIONS AMENDMENT ACT. 1997
(m) any matter which in terms of this Act is required to be or may be I promulgated as rules.
(~) The ~ouncl] sh~l, not less [h~ three months before any rule is m~de
in terms of this Act, cause the text of such rule to be published in the Ga:erre together with a notice declaring the council’s intention to make such ]-ule and inviting interested persons to furnish the council with any comments thereon or any representations they may wish to make in regard thereto.”’.
Substitution of section 62 of Act 56 of 1974, as amended by section 10 of Act 79 of 1990
62. The fol]owing section is hereby substituted for section 62 of the principal ~~t
“Lev~ing of annual fees on certain registered persons
62. ( I ) The Minister may. on the recommendation of the council. at WI! time by notice in the Gcr:erte authorize [the council] a professional boml to prescribe a fee to be paid annually to the [council] professional board b> [every medical practitioner and every dentist] the registered persons concerned: Provided that in prescribing such fee the [council] professional board may ditl’erentiate between persons according to whether the! h:~l e been registered before or after a date specified in the notice and may \ ar> such fee recording to whether it is paid [at] before or after a specific date.
(2) If any person liable to pay any annual fee prescribed in terms or subsection ( 1 ) fails or refuses to pay such fee within the period specitied in the notice in question. the [council] professional board may recover jlt~h fee by action in a competent court.
(3) If a person’s name has been removed from the register in terms of the provisions of section 19( 1 )(d). it shall be a condition precedent for [hc restoration of his or her name to the register thm he or she pa} \ the outstanding annual fee.
(4) The [council] professional board may by resolution exempt l’~>r Jn indefinite or definite period any [medical practitioner or dentist] registered person specified in the resolution from payment of any annual fee prescribed in terms of subsection ( I ).”.
Repeal of section 63 of Act 56 of 1974
63. Section 63 of [he principal Act is hereby repealed.
Substitution of section 63A of Act 56 of 1974, as substituted by section 12 of \ct HI of 1995
64. The following section is hereby substituted for section 63A Of the Prin~iP~~l +~t:
“-Abolition of Interim National Medical and Dental Council of South Africa, and transitional provisions
63A. ( 1 ) (a) The [ntcrim National !vfedical and Dental Council of South Afncl shall cease to exist on the day immediately preceding the date of the first meeting of the council. and all rights, obligations. assets and liabilities acquired or incurred, as the case may be, by the [nterim National .Medical and Dental Council of South Africa shall 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. I
(b) The Minister may extend the terms of office of the members of ~ professional boards existing before the commencement of the Medical. Dental and Supplementary Health Service Professions Act. 1997. bj notices in the Gcr;eue.
56 No. 18504 GOVERNMENT GAZETI%, 12 DECEMBER 1
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(~) {a) The ~egis~~ of deeds concerned sh~l. at the request of the council and on submission of the relevant title deeds and other documents make the necessary entries and endorsements in respect of his or her registers and other documents in order to give effect to a transfer in terms of subsection (1).
(b) No transfer duty, stamp duty or other fees shall be payable in respect of such transfer, entry or endorsement.”.
Substitution of section 66 of Act 56 of 1974
65. The following section is hereby substituted for section 66 of the principal Act:
“Short title and commencement
66. This Act shall be called the [Medical, Dental and Supplementary Health Service Professions Act, 1974] Health Professions Act. 1974, and shall come into operation on a date fixed by the State President by proclamation in the Gctcerte. ”.
Substitution of long title of Act 56 of 1974, as substituted by section 13 of Act 18 o 1995
66. The following long tide is hereby substituted for the long title of the principal .\ct:
“ACT
To establish the [Interim National Medical and Dental Council of South Africa] Health Professions Council of South Africa; to provide for control over [h training, [of and for the] registration and practices of [medical practitioners. dentists and] practitioners of [supplementary] health [service] professions: [to provide for control over the training of and for the registration of psychologists] and to provide for matters incidental thereto.”.
Savings
67. ( 1 ) Any proclamation, notice, regulation, authorisation. rule or order issued. made. granted or done in terms of a provision of the principal Act or that is deemed to have been issued, made, granted or done in terms of the principal Act, shall stay in force until cancelled or repealed by the Health Professions Council of South Africa. established under section 2 of the ptincipal Act (in this section referred to aS th council).
(2) Any inquiry conducted by the Interim Nationaf Medical and Dental council of South Africa. including any preliminary investigation undertaken to determine whether prima facie evidence exists which would justify such inquiry, into alleged unprofes- sional conduct by any person. and which has not been concluded at the date of the tir meeting of the council, shall be continued and concluded by the professional board concerned.
(3) The council shall have the power to institute and conclude disciplinary!’ proceedings against any person who, at any time prior to the first meeting of the council. is alleged to have committed an act which constituted unprofessional conduct.
(4) Any person employed by the Interim National Medical and Dental Council of South Africa immediately prior to the date on which the said Council is abolished in terms of section 63A of the principal Act, shall be deemed to have been appointed by the council.
(5) In this section, “Interim National Medical and Dental Council of South Africa shall mean the Interim National Medical and Dental Council of South Africa as defined in section 1 of the principaf Act.
Short title and commencement
68. (1) This Act shall be called the Medical. Dental and Supplementary Health Service Professions Amendment Act, 1997. and shall come into operation on a date fixe by the President by proclamation in the Ga~erre.
(2) Different dates may be fixed in terms of subsection ( 1 ) in respect of different provisions of this Act.