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Associated Health Service Professions Amendment Act


Published: 1993-05-07

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Associated Health Service Professions Amendment Act 63 of 1993
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as a Newspaper As.'n Nuusblad by die Poskantoor Geregistreer
VoL. 335 CAPE TqWN, 7 MAY 1993
KAAPSTAD~ 7 MEl 1993 No. 14792
STATE PRESIDENTS OFFICE KANTOOR VAN DIE STAATSPRESIDENT
No. 789. 7 May 1993 No. 789. 7 Mei 1993
It is hereby notified ·that the State President has assented to the following Act which is hereby published for general information:-
No. 63 of 1993: Associated Health Service Professions Amendment, Act 1993.
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseerword:-
No. 63 van 1993: Wysigingswet op Geassosieerde Gesond- . heidsdiensberoepe, 1993.
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.
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· 2 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
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 Associated Health Service Professions Act, 1982, so as to delete, define or further define certain expressions; to change the name of the "South African Associated Health Service Professions Board" to the "Chiropractors, Homeopaths and Allied Health Service Professions Council"; to extend the general functions of the council; to provide for the establishment of professional boards for allied health service professions; to further regulate the registration of p'ractitio- ners; to provide for the establishment of allied health service professions and for defining the scope thereof; to further regulate the prescribing of qualifications and temporary registration; to further regulate the registration of certain persons to give education or training, and the registration of students; to provide for the removal of names registered in error or through fraud; to provide for inquiries by professionai boards into alleged misconduct by practitioners of allied health service professions; to increase the fines that may he imposed for misconduct; to provide. for the payment of a fine where a person charged with misconduct admits his guilt; to provide that the execution of certain penalties may be suspended in part; to provide ttiat a professional board may also take cognizance of certain conduct of practitioners; to provide for offences and penalties in respect of certain acts
· committed by practitioners of allied health service professions; to extend the powers of the Minister to make regulations and to increase the penalty for any contravention of the regulations; to provide that an aggrieved person may appeal to an appeal committee; and to provide that the Minister may exempt a juristic person from the operation of the Act; and to provide for matters connected therewith.
(English text signed by th~Staie President.) (Assented to 29 Apri/1993.)
BEJT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:- _ Amendment ofsection 1 of Act 63 of 1982, as amended by section 1 of Act 108 of
" 1985 and section 1 of Act 10of 1990 ' · . · -' ' ' . · · r: · : · • - . ' : l ' ; .. ~ . • ~ l
1.· Section lof the Associated Health Service Professions Act, 1982 (hereinafter 5 referred to as the principal Act), is hereby amended-· . . . . .. . . . · .
· (a) by th~ i_nsertion before the definition of ''annu~lfees"of the following definition: ,
" 'a llied health service profession' means any profession referred to in section 16;"; 10
. ~: . . :'
4 No. 14792 GOVERNMENT GAZETfE,·7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTII SERVICE PRC?FESSIONS AMENDMENT ACf, 1993
(b) by the deletion of the definition of "board"; · (c) by the insertion. after the definition of "board" of the following
definition: . . . . ·. · . · " 'council' means the Chiropractors, Homeopaths and Allied Health Service Professions Council established by section 2(1);"; 5
(d) by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of National Health [and Population . Development];"; .
(e) by the substitution for the definition of "practitioner" of the following 10 definition:
" 'practitioner' means any person registered [as such] under this Act or who is deemed to be so registered;";
(f) by the substitution for the definition of "profession" of the following definition: 15
" 'profession' means the profession of chiropractor or homeopath [naturopath, osteopath or herbalist] or an allied health service profession;"; and
(g) by the insertion after the definition of "profession'.' of the following definition: ; 20
" 'professional board' means a under section.10A(3);".
Substitution of heading to Chapter 1 of Act 63 of 1982 ·
2. The following heading is hereby substituted for the heading to Chapter 1 of the principal Act: · · ·' 25
~'THE [SOUTH AFRICANlCHIROPRACTORS, HOMEOPATHS AND ALLIED HEALTH SERVICE PROFESSIONS [BOARD]
. COUNCIL: OBJECTS AND FUNCTIONS" .. · .
Substitution of section 2 of Act 63 of 1982
.3. The following section is hereby substituted for section 2 of the principal Act: 30
"Establishment of Chiropractors, Homeopaths and Allied Health · • Service Professions Council ~:..
. . . 2. [(1)] There is hereby established a juristic person to be known as . the [South African Associated] Chiropractors, Homeopaths· and ·Allied Health Service Professions [Board] Council. . . . 35 [(2) The head office of the board shall be situated in Pretoria.]".
Amendment of section 4 of Act 63 of 1982, as amended by section 2 of Act 10 of 1990
4. Section 4 of the principal Act is hereby amended by the insertion after paragraph (g) of subsection (1) of the following paragraph:
"(gA) approve any clinic established by any university or technikon or 40 other training institution;".
Insertion of section lOA in Act 63 of 1982 · · · ·
5. The following section is hereby inserted in the principal Act after section 10: ' 0 0 'T•• . > ', • '·_'', ' ,' _· .' ' o ' ' ' ... , 0
"Establishment of professional boards . for allied health service professions 45
lOA.' .1 If the council d~e~s .it in the ubli~· interest that a professional board be established in respect of any profession referred to in section 16(1) to promote the standard of professional education
. and professional conduct among members of such profession, it may, subject to the provisions of subsection (2), recommend to the Minister 50 that a professional board be established in respect of such profession.
6 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTII SERVICE PROFESSIONS AMENDMENT ACT, 1993
i.:
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(2) The council shall, before making a recommendation in terms of subsection (1), consult with any body of persons which is representa- tive of the profession concerned. ·
. · (3) The Minister may, after having received a recommendation referred to in subsection (1), by notice in the Gazette establish a 5 professional board in respect of the profession to which such recommendation relates: ·
( 4) The election and term of office of members and the powers and duties of a professional board shall be as prescribed. '
(5) A professional board shall consist of not fewer than three and 10 not more than five members, of whom-'- · · · · · -- (a) (i). one member, in the case of a council consisting of not more
than four members; or . · · (ii) not more than two members as the Minister may determine,
in the case of a council consisting of five members, 15 . shall be_ a member or members of the council designated by the
council; ·and ·: . · · · · · · (b)· the other members shall be elected by persons registered in terms
of this Act in respect of the profession concerned. ::·: (6) Any professional board established under this section shall, in 20
addition to the performance of any duty prescribed under subsection ( 4), report to the council on any matter affecting the profession in respect of wh~ch such prof(!ssional board has been established and on any matter referred to it by the council.
.. , (7) When a report referred to in subsection ( 6) is considered by the 25 council, the chairman of the professional board concerned shall be pre~ent at. the meeting at which such. report is considered by the
' . council, shall have the right to addressthe council concerning any matterdealt with in such report; shall have the right to vote if any vote is taken at such meeting in respect of such matter and shall have all the 30 rights and duties of a member of the council attending such meeting.
(8) Any professional board established under this section may make representations to, or by the mediation of, the council for the making, amendment or withdrawal of any regulation or rule which shall apply ·, or applies to such professional board or the profession in respect of 35
; which such professional board was established/'.. . .
Substitution of section 15 of Act 63 of 1982, as substituted by section 4 of Act 108 of 1985 .: ..
6. The following section is hereby substituted for section 15 of the principal Act:
"Registration of practitioners
... 15. (1) Any per~o~ wh~desires to be registe~ed as a· chiropractor [or], homeopath or practitioner of an allied health service profession
40
in terms of this Act, shall_ in • the. prescribed. manner apply to the [board] council for. registration, and such application shall be . ,. accompanied by-, . , . .. . . . . . . . , . 45 (a) the qualification which in the applicant's submission entitles him
to registration; - · · ·· · (b) the prescribed registration fee and,. in the case of an applicant
who does not possess the prescribed qualification, also the . prescribed application fee;.. . . . . . . : .
(c) proof of identity, citizenship, good character and the authenticity , ;_, . andvalidityofthe qualification submitted; and
(d) such further documents and information as may be prescribed. (2) For the purpose of considering any application.contemplated in
50
: ,suJ?section (1); the,[board] council ID!lY;n;quir~ the applicant in 55 support of the application to furnish such further proof, whether orally or in writing,. regarding his identity, good character, training and ,experience,. as the: [board].council 'may ·deem, necessary and may reguire him to sit for such examination as the council may determine.
8 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
. · .. · ...
(3) If the [board] council after consideration of an application in terms of subsection (1) and after such investigation and enquiries as it may deem necessary, is satisfied that the applicant concerned may be registered in terms of this Act, it shall approve the application, and the registrar shall thereupon register the applicant by- 5 (a) issuing an appropriate certificate of registration to him; and (b) entering the prescribed particulars in respect of him in the
appropriate register. [(4) (a) The said registration of a person shall be subject to the
provisions of this Act and such further conditions as the board may 10 determine in each case. ··(b) Such conditions may- .
(i) relate to the kind of work which a person who is registered in · terms of this Act may perform;
(ii) include requirements to be complied with in the practice of the 15 profession in question; or
·(iii) contain provisions regarding compulsory practical experience which a person who has before the date of his registration as a practitioner in terms of this Act- · (aa) not yet practised; or 20 (bb) in the opinion of the board noL yet gained sufficient
practical experience, . shall acquire, including the determination of a period during
· . · · .which, and the designation of a place or places where and the person or persons under whose supervision, such compulsory 25 practical experience shall be acquired.] · .
. : [(5)] ill If the [board] council refuses to approve an application, the applicant concerned shall be notified in writing of such decision and of the grounds on which it is based. .
[(6)] ill Any person who is registered or deemed to be registered in 30 , terms of this Act shall, .in the practice of his profession, only state particulars of those degrees, diplomas or certificates entered in the
.. appropriate register against his name. . . [(7)] ill (a) The [board] council may delegate any of the powers
conferred upon it by this section to the registrar, but shall not be 35 divested of any power so delegated.
(b) Any registration or refusal of registration by the registrar in the exercise of a power delegated to him in terms of paragraph (a), shall be of full force and effect; unless it is· set aside or amended by the [board] council at its first meeting following upon the date on which 40 such registration or refusal of registration occurred." .
Insertion of section 16 in Act 63 of 1982
7. The following section is hereby inserted in the principal Act after section 15:
"Allied health service professions · ·,
.16. 1 The Minister rna at the re uest of the council b notice in the Gazette declare the provisions of this Act to be applicable to any profession which has as its object the treatment, prevention or relief of physical defects, illnesses or deficiencies in man, excluding the profession of a chiropractor or homeopath or any profession to which the provisions of the Pharmacy Act, 1974 (Act No. 53 of 1974), the 50
· MediCal, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56of1974), the Nursing Act, 1978(ActNo. 50of1978), or the Dental Technicians Act, 1979 (Act No. 19 of 1979), apply.
(2) The Minister may, on the recommendation of the council, by · regulation define the sc~pe of any allied health service profession by 55
10 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63,1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
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 concerned which has been established in terms of section 10A(3) in respect of any allied health service profession and may in the opinion · 5 of the Minister 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 concerned: 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 10 profession concerned, the council shall mention such fact in its recommendation.".
Substitution of section 16B of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985.
8. The following section is hereby substituted for section 16B of the principal 15 Act:
"Prescribing of qualifications
16B. (1) Subject to the provisions of subsection (2), the Minister . may from time to time, on the recommendation ofthe [board] council,
prescribe the qualifications obtained by virtue of examinations 20 conducted by a university or other examining authority which, when held singly or conjointly with any other qualification, shall entitle any holder thereof to registration under this· Act as a chiropractor [or], homeopath or practitioner of an allied health service profession, as the case may be, if he has, before or, in connection with or after the 25 .
. acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed.
(2) No qualification obtained by virtue of examinations conducted by a university or other examining authority situated outside the Republic shall be prescribed under this section unless- 30 (a) such qualification entitles the holder thereof to practise as a
chiropractor [or], homeopath or practitioner of an allied health service profession, as the case may be, in the country or state in which such university or other examining authority is situated;
(b) the [board] council is satisfied that possession of such qualifica- 35 tion indicates a standard of professional training lower that that prescribed in respect of the training of chiropractors [or], homeopaths or practitioners of allied health service professions within the Republic.".
Substitution of section 16C of Act 63 of 1982, as inserted by section 6 of Act 108 of 40 1985 and amended by section 3 of Act 10 of 1990
. 9. The following section is hereby. substituted for section 16C of the principal .Act:
, , "Temporary registration
16C. (1) The [board] council may accept a qualification other than 45 a. qualification referred . to in section 16B,- for the purpose of registration under this subsection, if such qualification, in the opinion ofthe [board] council, indicates a satisfactory standard of professional education, and may, subject to the provisions of subsections (2) and (3) and section 15(1) and (2), register any person as a chiropractor 50 [or], homeopath or practitioner of an allied health service profession
12 No.14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
who possesses such qualification and who, in the opinion of the [board] council, possesses sufficient professional knowledge and ability and is proficient in at least one of the official languages of the Republic.
(2) A person referred to in subsection (1) may only practise as a 5 chiropractor [or], homeopath or practitioner of an allied health service profession, as the case may be- (a) for such period or periods as the [board] council may determine,
and before the expiration of which he shall satisfy the [board] council that- 10 (i) he possesses professional knowledge and skill which is of a
standard not lower than that prescribed in terms of this Act in respect of chiropractors [or], homeopaths or practitioners of allied health service professions, as the case may be, in the Republic; and · · 15
(ii) he is conversant with the laws of the Republic relating to .. chiropractic [or], homeopathy or the practice of an allied
. health service profession and the practising of the profession of a chiropractor or homeopath or an allied health service profession, as the case may be; 20
(b) in such area or areas as the [board] council may determine; and (c) subject to such [further] conditions as the [board] council may
determine.· · (3) The [board] council may for the purposes of subsection (2)(a)
require the person concerned to sit for such examination or examina- 25 tions as the [board] council may determine.
(4) The Minister may from time to time, on the recommendation of the [board] council, make regulations- (a) prescribing the fee to be paid by persons intending to sit for an
examination; and · 30 (b) 'prohibiting a person who has failed such examination a pre-
scribed number of times, from sitting again for such an examina- tion.
(5) If at the expiration of the period referred to in subsection (2)(a) the [board] council is satisfied that a person registered in terms of 35
·subsection (1) complies with the requirements of subsection (2)(a)(i) and (ii), it shall exempt such person from all restrictions imposed in respect of him under [subsection (2)] this section, and if the [board] council is not so satisfied, he shall remove the name of such person from the register.". 40
Substitution of section 16E of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 . ''
10. The following section is hereby substituted for section 16E of the principal Act: ·
"Registration of certain persons so as to enable them to give education 45 or training
16E. (1) For the purposes of promoting education or training in chiropractic [or], homeopathy or any allied health service profession the [board] council may, notwithstanding the provisions of this Act, register any person not permanently resident within the Republic [as 50 a chiropractor or homeopath] in the profession in which he gives education or training, for such period as the [board] council may determine.
(2) Any person registered in terms of subsection (1), may give [demonstrations] education or training at institutions approved for 55 that purpose by the [board] council, relating to· [chiropractic or homeopathic techniques, as the case may be] the profession concerned, for such period as the [board] council may determine.".
14 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993 ...
Amendment of section 16F of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985
11. Section 16F of the principal Act is hereby amended- ( a) by the substitution for subsections (1) and (2) of the following
subsections, respectively: 5 "(1) Every educational institution at which a qualification can be
obtained which entitles any holder thereof to registration under this Act [as a chiropractor or homeopath], excluding a university or .technikon established by or under an Act of Parliament, shall furnish the [board] council on its request with such information 10
· relating to entrance requirements, curricula and syllabuses, exam- inations and any. related matter as the [board] council may from time to time require. · · ·· ·
(2) If any educational institution referred to in subsection (1) fails or refuses to furnish any information requested by the [board] 15
, council under that subsection, or if it appears to the [board] council . that any provision of this Act is not being properly complied with by any such educational institution and that such improper compliance
·.is having or may have an adverse effect on the relevant standards of education' [in chiropractic or homeopathy] maintained at that. 20 educational institution, the Minister may, on the recommendation of the [board] council, by notice in the Gazette declare that any specified qualification granted by such educational institution after a date specified in the notice shall not entitle any holder thereof to registration under this Act."; and 25
(b) by the substitution for• subsections (5) and. (6) of the following subsections, respectively: . .. .
. , "(5) The [board] council may appoint a person to be present whenever tests are being conducted by any educational institution referred to in subsection (1) in respect of the academic progress 30 made by students [in chiropractic or homeopathy] at such educa- tional institution and to report to the [board] council upon such tests. .
. . (6) The person in charge of an educational institution referred to . ,, ·in subsection (1) shall forthwith notify the [board] council of the 35
, ·.·-termination of the education or. training of a student [in chiropractic or. homeopathy] at such institution, whether by reason of the abandonment or completion of education or training or the transfer of such student to another such institution, ·or for any other · reason.".
Substitution of section 18 of Act 63 of 1982, as substituted by section 7 of Act 108 of 1985
12. The following .section is hereby substituted for section 18 of the principal Act: '
"Registration of students .· .. ·. 18. (1) An.y person who desires to be registered as a student in chiropractic [or], homeopathy or an allied health service profession
·.shall. in· writing apply. therefor _to the [board] council, and such application shall be accompanied by the prescribed particulars and
40
45
registration fee. 50 (2) If the [board] council is satisfied that the applicant is entitled to
registration as such a student, i~ shall cause the necessary entry to be . made in the register, and the registrar shall thereafter issue to the applicant a registration certificate in the prescribed form.".
16 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
Amendment of section 21 of Act 63 of 1982, as amended by section 10 of Act 108 of 1985
13. Section 21 of the principal Act is hereby amended- . (a) by the substitution for the words preceding paragraph (a) of subsection
(1) of the following words: 5 "The [board] council may instruct the registrar, subject to the provisions of subsection (5), to remove the name of any practitioner from the register if the [board] council ·is satisfied that that
. practitioner....,.-,"; . . . . . (b) by the addition to subsection (1) of the following paragraph: 10
"W has been registered in error or through fraud.". (c) .by the substitution for subsection (2) of the following subsection:
"(2) Notice of the removal by virtue of the provisions of any one of paragraphs (b) up to and including [(e)]{fl of subsection (1) of his name from the register shall be given by the registrar to the person 15 concerned by registered letter sent through the post to his address appearing in the register.";
(d) by the substitution in subsection (4) for the words preceding paragraph . (a) of the following words:·.
"The [board] council shall instruct the registrar to restore to the 20 register a name removed therefrom by virtue of the provisions of any one of paragraphs (b) up to and including [(e)] {fl of subsection (1) if the person concerned-'~; and
(e) by the addition of the following subsection: " 5 The council shall not under subsection 1 instruct that the 25
name of any person be removed from any. register kept under · section 15(3)(b) unless the council has consulted with the profes-
sional board (if any) established in respect of the profession concerned.".
. . Substitution of section 23 of Act 63 of 1982, as amended by section 11 of Act 108 of 30 1985 .
14. The following section is hereby substituted for section 23 of the principal Act:
"Inquiry into alleged misconduct
. 23. (1) The [board] council may in respect of chiropractors or 35 homeopaths, and a professional board may in the case of a practitioner practising an associated health service profession in respect of which such professional board has been established, institute an inquiry into any complaint, charge or allegation of improper or disgraceful conduct against any practitioner and may, on finding the practitioner 40 concerned guilty of such conduct, in the case of the council, impose any of the penalties referred to in section 24(1) or, in the case of a professional board, recommend the imposition of any such penalty in terms of subsection (3): Provided that in the case of a complaint, charge or allegation which forms or is likely to form the subject of 45 criminal proceedings, the [board] council or the professional board concerned, as the case may be, may postpone the holding of an inquiry until those proceedings have been disposed of.
(2) Whenever the [board] council or a professional board, as the case may be, is in doubt as to whether an inquiry shall be held, it may 50 in connection. with the complaint, charge or allegation in question
. consult with or seek information from any person, including the ,' practitioner against whom the complaint, charge or allegation has
beenlodged. . 3 If a rofessional board holdin an in uir under this section 55
finds the person charged guilty of improper or disgraceful conduct or of conduct which in consideration of the profession in respect of which that person is registered, is improper or disgraceful, it shall note its finding and inform such person thereof, and shall at the same time
18 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTif SERVICE PROFESSIONS AMENDMENT ACT, 1993
inform such person of the penalty the imposition of which it intends to recommend to the council, and it shall before the next· ensuing meeting of the council submit to the council the minutes of the proceedings at · the inquiry together with the recommendation concerning a proper penalty. . 5
(4) Any person found guilty in terms of subsection (3), may at any time before the next ensuing meeting of the council, submit to the council written representations in regard to the finding made by the professional board and the penalty recommended by it.
(5) If the council, after having considered the minutes kept by the 10 professional board, and the representations referred to in subsection ( 4), is of the opinion- ( a) that the finding should not be upheld, it shall set such finding
aside, and inform the person and the professional board concerned thereof; or 15
(b) ·that the finding is correct; it may impose upon the person · concerned any penalty referred to in section 24 ..
( 6) The provisions of sections 24(2) up to and including (8) and 25 shall mutatis mutandis apply in respect of any inquiry conducted by any professional board referred to in subsection (1), and for the 20 purposes of the said provisions any reference in section 24-- (a) to the chairman of the council shall be deemed to be a reference
to the chairman of such professional board; (b) to the prescribed form of a summons shall be deemed to be a
summons as prescribed for use by a professional board.". 25
' • ' I -'
Amendment of section 24 of Act 63 of 1982, as amended by section 12 of Act 108 of , 1985 ' ' '
15. Section 24 of the principal Act is hereby amended- ( a) by the substitution for paragraph (d) of subsection (1) of the following
paragraph: 30 "(d) a fine not exceeding [R2 000] R10 000.";
(b) by the substitution in paragraph (c) of subsection (3) for the words following upon subparagraph. (iv) but preceding the proviso, of the following words:
"shall be guilty of an offence and on conviction liable to a fine [not ·35 exceeding R100], or to imprisonment for a period not exceeding three months:";
(c) by the deletion of paragraph (b) of subsection (8); and . (d). by the addition of the following subsections:
" 9 If an erson re istered in terms of this Act is aile ed to be · 40 guilty of improper or disgraceful conduct or conduct which, in consideration of the profession in respect of which that person is registered, is improper or disgraceful, 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 shall be 45 imposed upon 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 is guilty of the said conduct and that he may pay the fine stipulated. ' 50
(10) If a person summoned in terms of subsection (9), admits his guilt in respect of the conduct referred to in subsection (1) by paying the stipulated fine to the council before a date specified in the summons, an inquiry shall not be held under section 23.
(11) Payment of a fine in terms of subsection (10) shall not be 55 regarded as a previous conviction with regard to any subsequ~nt inquiry into the conduct of such person and shall not be published in the Gazette in terms of subsection (2).
I
20 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACf, 1993
· ( 12) The Minister may, on the recommendation of the council, by I notice in the Gazette amend the amount referred toin subsection {2}.".·
Substitution of section 25 of Act 63 of 1982, as amended by section 13 of Act 108 of 1985 5
16. The following section is hereby substituted for section 25 of the principal Act: · ·
"Postponement of imposition, and suspension of execution, of penalty or part thereof ' ' ' ' "
25. (1) Where the [board] council fhids any practitioner guilty of 10 conduct referred to in section 24(1) or imposes a penalty in terms of section 23(5)(b), it may- · · (a) postpone the imposition of a penalty for such period and on such
conditions asit may determine; or . . (b) imposeany penalty referred to in section 24(1)(b) [or] (c) or (d), 15
but orderthe execution of the penalty (or any part thereof in the case of a penalty referred to in section 24(1)(b)) to be suspended for such period and on such conditions as it may determine.
(2) (a) If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), the [board] 20 council is satisfied that the practitioner concerned has observed all the relevant conditions, the [board] council shall inform him that no penalty will be imposed upon him.
(b) If the execution of a penalty or any part thereof has been suspended in terms of subsection (1)(b) and the [board] council is 25 · satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the [board] council shall inform him that the penalty will not be executed. · . (c) If the execution of a penalty or any part thereof has been suspended in terms of subsection (1)(b) and the practitioner con- 30 cerned fails to observe any one of the conditions of suspension, the
· [board] council shall execute the· penalty unless that practitioner satisfies the [board] council that the noncobservance of the condition concerned was due to circumstances beyond his control.".
Substitution of section 27 of Act 63 'of 1982, as substituted by section 15 of Act 108 35 of 1985 ·
17. The following section is hereby substituted for section 27 of the principal Act:
"Cognizance by council or professional board of certain conduct of practitioners 40
27. (1) Any practitioner who, either before or after registration, has ·· •. been convicted in the Republic or elsewhere of any offence, may be
dealt with by the [board] cou'ncil or a professional board concerned in terms of this Chapter if the [board] council or professional board
: · concerned is of the opinion that the offence concerned constitutes 45 conduct which is improper or disgraceful or which in consideration of any profession in respect of which. the practitioner concerned is registered, is improper or disgraceful, and that· practitioner shall, upon proof of the conviction, be liable to one or. other of the penalties referred to in section 24(1): Provided that the said practitioner shall, 50 before •any p.enalty is imposed, be afforded the opportunity of tendering an explanation to the [board] council or professional board concerned in mitigation of any such penalty. · . (2) f.!!l. When in the course of any criminal proceedings it appears to . the court that there is prima facie proof of conduct contemplated in 55 section 24(1) on the part of a practitioner, the court shalldirect that
22 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
a copy of the record of the proceedings or of such portion thereof as is material to such conduct, be transmitted to the [board] council.
(b) If the practitioner practises a profession in respect of which a professional board has been established, the council shall transmit a copy of the record referred to in paragraph (a) to such professional board.": 5
Substitution of section 29 of Act63 of 1982, as amended by section 16 of Act 108 of 1985
18. The following section is hereby substituted for section 29 of the principal Act:
"Acts or omissions in respect of which council or prof~ssional board 10 may take disciplinary action ·
29. (1) £f!l. The [board] council shall from time to time make rules specifying the acts or omissions in respect of which the [board] council or a professional board, as the case may be, may take disciplinary action under this Chapter: Provided that the powers of the [board] 15 council or a professional board to inquire into and take any action in connection with any complaint, charge or allegation of improper or disgraceful conduct against any practitioner in terms of this Chapter,
·shall not be limited to the acts or omissions so specified. (b) Any rule contemplated in paragraph (a) referring to an allied 20
health service profession shall only be made after consultation with the professional board concerned (if any). . .. . (2) No rule made under subsection (1) shall be of force and effect
until approved by the Minister and published in the Gazette. (3) The ·Minister may after consultation with · the executive 25
committee of the [board] council, subject to subsection (1 )(b), and if he deems it to be in the public interest, amend or repeal any rule made
· under subsection (1)." .. ·
Amendment of section 31 of Act 63 of 1982, as amended by section 18 of Act 108 of 1985 . . 30
19. Section 31 of the principal Act is hereby amended--:- ( a) by the substitution for paragraph (d) of subsection (1) of the following
paragraph: ."(d) uses the title of chiropractor, .homeopath, naturopath,
osteopath [or], herbalist or an allied health service profes- 35 sion or any other title or any name; description or symbol indicating, or calculated to lead persons to infer, that he holds the qualifications of a chiropractor, homeopath, naturopath, osteopath or herbalist or an allied health service profession;"; and . . . 40
(b) by the substitution for. subsection (2) of the following subsection: "(2) The provisions of subsection (1) shall not prohibit-
( a) any person exercising a profession to which the provisions of the Pharmacy Act, 1974 (Act No. 53 of 1974), the Medical Dental and Supplementary Health Service Professions Act, 45 1974 (Act No. 56 o£1974), [or] the Nursing Act, 1978 (Act No. 50 of 1978); or the Dental Technicians Act, 1979 (Act No. 19 of 1979), apply, from performing any act pertaining to his profession, as contemplated in the appropriate Act, which may lawfully be performed by him; · · 50 a chiro ractor or borneo ath of erformin an act ertainin to an allied health service profession, if such act is an act which
. also pertains to the profession of a chiropractor or homeopath, as the case may be.";
24 No. 14792 GOVERNMENT GAZETTE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, i993
Amendment of section 32 of Act 63 of 1982
20. Section 32 of the principal Act is hereby amended by the substitution for the words preceding subparagraph (i) of paragraph (b) of subsection (1) of the following words: . ·
"A practitioner in the profession of homeopath, naturopath, osteopath 5 or herbalist or any allied health service profession or a student who is registered in respect of any such profession shall not...:...".
Amendment of section 38 of Act 63 of 1982, as amended by section 22 of Act 108 of · 1985 and section 27 of Act 94 of 1991 · , ·
21. Section 38 of the principal Act is hereby amended- 10 (a) by the substitution for paragraphs (b) and (c) of subsection (1) of the
following paragraphs, respectively: "(b) · the conduct of the business, and the quorum and procedure,
, ' -· · at meetings of the [board] council and professional boards, the executive committee and other committees of the - 15 [board] council, and the manner in which minutes of such
. meetings shall be kept; (c) the allowance which may be paid to members of the [board]
council or of professional boards, the executive committee and other committees of the· [board] council, excluding 20 members in the full-time service of the State, when occupied with the affairs of the [board] council;"; · - ·
(b) by the substitution for subparagraph (ii) of paragraph (sA) of subsection (1) of the following subparagraph: · -
. "(ii) the minimum requirements of the curricula and the standards 25 of education and examinations [in chiropractic or homeopathy] which shall- be maintained at any educational institution at which such education is provided, in order to secure recogni- tion under this Act of the qualification [in chiropractic or homeopathy] concerned obtained at such educational institu- 30 tion;"; · . · · . .
(c) by the addition of the following paragraph to subsection (2), the existing -subsection becoming paragraph (a):
" b An re ulation ertainin to a rofessional board 'or the profession in respect of which it is established, shall be made 35 only after consultation with the professional board concerned."; and ·
(d) by the substitution for subsection (4) of the following subsection: · "(4) Any regulation made under thissection may prescribe a
penalty for any contravention thereof or failure to comply therewith 40 [not exceeding a fine of R100] of a fine, or imprisonment for a period not exceeding three months.".
Insertion of sections 38B and 38C in Act 63 of 1982
22. The following sections are hereby inserted in the principal Act after section ~A: ~
"Appeal
(a) · by the refusal of the council or a committee to register him in terms of this Act or to restore his' name to a specific register;
(b) by any penalty imposed on him under section 24; (c) by the removal of his name from a register under section 21(1), may within a period of three months after the date of such refusal, imposition of penalty or removal, appeal to an appeal committee.
(2) Any appeal committee referred to in subsection (1), shall be appointed by the Minister and consist of- · _ 55
26 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACf, 1993
;;
(a) a magistrate with not fewer than· ten years experience as a magistrate, who shall be the chairman; and
(b) two practitioners who practise the same profession as the appellant concerned, who have no direct interest in the affairs of the appellant or are not in the employment of the appellant and 5 who are not . members of the council or professional board concerned. : . '
(3) The appellant may appear in person or •through a legal representative before the appeal committee, or submit written statements or arguments in support of his appeal. 10
( 4) The procedure in connection with the noting and prosecution of an appeal in terms of this section, shall be as prescribed.
(5) The appeal committee hearing an appeal under this section, may -confirm or set aside the refusal, penalty or removal forming the subject of the appeal, and may, if it is set aside, give such judgment as 15 in its opinion ought to have been given by the council or committee and may direct the council to do everything necessary to give effect to the judgment of the appeal committee. .
(6) The commencement of a refusal, penalty or removal against which an appeal is lodged, shall be suspended by the lodging of an 20 appeal in terms of subsection (1), until the appeal is disposed of by the appeal committee or withdrawn by the appellant.
(7) Any member of the appeal committee who is not in the full-time service of the State, may be paid such remuneration and allowance as the Minister may from tinie to time determine with the concurrence of 25
· the Minister of State Expenditure.
Exemption_ f~om op_e~ation of provisions of Act
• 38C. 1 The Minister rna on tlie n!commendation of the council by notice in the Gazette exempt any juristic person or class of juristic persons specified in the notice, either generally or subject to such 30
'conditions as may be specified in the notice, from the operation of any of the provisions of this Act, so as to-enable such juristic person to practise a profession, likewise specified, in respect of which registra- tion in terms of this Act is a prerequisite for practising.
. ' (2) Any reference in this 'Act or any other law to a person registered 35 -in terms of this Act .to practise a profession. refer~ed to in subsection (1) or to a partner of or a partnership in relation to such registered person shall be deemed to include a reference 'to a juristic person referred to in subsection (1) or to a member of such a juristic person,
, as the case may be, unless the context otherwise indicates. 40 (3) The Minister may, on the recommendation of the council, at any
time by notice in the Gazette amend or repeal any notice issued under subsection (1).".
Substitution of word in Act 63 of 1982
· 23. The principal Act is hereby amended by the· substitution for the word 45 . "board", wherever it occurs, of the word "council".
Substitution of section 43 of Act 63 of 1982 .
-24. The follo~ing section is hereby substitu~ed for section 43 of the principal Act:· · ·
"Short title ' .. 43. This Act shall be called the [Associated Health Service
- Professions] Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 [and shall come into operation on a date fixed by
:. the State President by proclamation in the Gazett~]." ~-
50
28 No. 14792 GOVERNMENT GAZETIE, 7 MAY 1993
Act No. 63, 1993 ASSOCIATED HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1993
Substitution of long title of Act 63 of 1982 . .
25. The following long title is hereby substituted for the long title of the principal ·Act: ·
."ACT To provide for, the control of the practice of the professions of 5
chiropractor and homeopath [naturopath, osteopath and herbalist] and allied health professions, and for that purpose to establish a [South African Associated Health Service Professions Board] . Chiropractors, Homeopaths and ·Allied • Health Service Professions Council and to
· determine its functions; and for matters connected therewith.". 10
Transitional provisions . . . -
, · 26. (1) Any reference in any law or document in force immediately prior to the commencement of. this Act; to the South African Associated Health Service
· Professions Board, shall, unless inconsistent with the context or otherwise clearly . inappropriate, be construed as a reference to the Chiropractors, Homeopaths and 15 Allied Health Service Professions Council. . . .
'(2) The provisions of this Act shall not derogate from the rights of any person who, immediately prior. to .the commencement of this Act, is deemed under section 42(3) of the Associated Health Service Professions Act, 1982 (Act No. 63 of 1982), to be registered as a naturopath, osteopath or herbalist, and in respect 20
· of. the practising of. his profession such .person shall remain subject to the provisions of the latter Act as amended from time to time.
Short title
27. This Act shall be called the Associated Health Service Professions ~mendment Act, 1993.: ... 25
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