Medical, Dental and Supplementary Health Service Professions Amendment Act

1. Section 1 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (hereinafter referred to as the principal Act), is hereby amended- (a) by the insertion before the definition of "council" of the following 10 definition: " 'Ciskeian Medical Council' means the Ciskeian Medical Council established by section 2 of the Health Professions and Related ·Health Practices Act, 1984 (Act No. 36 of 1984) (Ciskei);"; (b) by the insertion after the definition of "dentist" of the following 15 definition: " 'Director-General' means the Director-General: Health or his or her nominee;"; . (c) by the substitution for the definition of "Minister" of the following · . definition: " 'Minister' means the Minister of [National] Health;"; 20 4 No. 16547 Act No. 18, 1995 GOVERNMENT GAZETIE, 21 JULY 1995 MEDICA~ DENTAL AND SUPPLEMENTARY HEALTH SERVI~..-E PROFESSIONS AMENDMENT ACf, 1995 (d) by the insertion after the definition of "scheduled substance". of the following definition: " 'South African Medical and Dental Council' means the South African Medical and Dental Council referred to in section 2 of this Act prior to its amendment by the Medical, Dental and Supple- mentary Health Service Professions Amendment Act, 1995;"; and (e) by the insertion after the definition of "this Act" of the following 5 definition: . " 'Transkeian Medical Council' means the Transkeian Medical Council established by section 2 of the Medical, Allied and Supple- 10 mentary Professions Act, 1976 (Act No. 30 of 1976) (Transkei);". Substitution of heading to Chapter I of Act 56 of 1974

2. The following heading is hereby substituted for the heading to Chapter I of the principal Act: · "[Continued Existence] Establishment and Objects, Functions and Powers of 15 the [South African Medical and Dental] Interim National Medical and Dental Council of South Africa". Substitution of section 2 of Act 56 of 1974

3. The following section is hereby substituted for section 2 of the principal Act: "Establishment of Interim National Medical and Dental Council of 20 South Africa · 2. 1 There is he reb established a ·uris tic erson to be known as the Interim National Medical and Dental Council of South Africa and the first meeting of the council shall be convened by the Director- General. (2) The head office of the council shall be situated in Pretoria. (3) The council shall, at its first meeting, appoint an acting registrar to perform the functions of the registrar until a registrar is appointed in terms of section 12.". 25 Amendment of section 3 of Act 56 of 1974, as amended by section 2 of Act 58 of 1992 30

4. Section 3 of the principal Act is hereby amended by the addition of the following paragraphs: . . . . . . . . . .. . .· , .. " (g) to make recommendations to the Minister on the constitution of a new council within a period no.t exceeding 24 months calculated as from the ·date of commencement" of the Medical, Dental and 35 Supplementary Health Service Professions Amendment Act, 1995; to advise the Minister with regard to the amendment or adjustment of this Act in order to support the universal norms and values of the medical profession, with greater emphasis on professional prac- . tice, democracy, transparency, equity, accessibility and com- 40 munity involvement.". Substitution of section 5 of Act 56 of1974, as amended by section 2 of Act 52 of 1978, • section 2 of Act 58 of 1984, section 1 of Act 79 of 1990 and section 3 of Act 58 of 1992

5. The following section is hereby substituted for section 5 bf the principal Act: "Constitution of council 45 5. 1 The council shall consist of the followin members a ointed ·.by the Minister, namely- ( a) 15 persons nominated by the South African Medical and Dental Council from its members; (b) three persons nominated by the Transkeian Medical Council 50 (c) from its members; three persons nominated by the Ciskeian Medical Council from its members; · 6 No. 16547 Act No. 18, 1995 GOVERNMENT GAZETTE, 21 JULY 1995 MEDICAL DENTAL AND SUPPLEMENTARY HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1995 (d) the Director-General; (e) one dentist; (f) one psychologist; (g) . (h) a representative of the health authority of each province; (i) three persons appointed on account of their knowledge of the Jaw; four medical practitioners and two dentists nominated by the principals or rectors of universities at which medical or dental faculties have been established: Provided that not more than one medical practitioner or dentist so appointed shall be attached to the staff of any one such university; · (j) one person registered as a nurse in terms of the Nursing Act, 1978 (Act No. 50 of 1978); . . · (k) one person registered ·as a phannacist in terms of the Pharmacy Act, 1974 (Act No. 53 of 1974); · (I) nine persons representing the community. 5 10 15 (2) The councils referred to in subsection (1)(a), (b) and (c), the authorities referred to in subsection (1) (h) and the principals or rectors referred to in subsection (1)(i) shall, within 14 days of the commence ment of the Medical, Dental and Supplementary Health Service Professions Amendment Act, 1995, inform the Director-General in 20 writing of the names of the persons nominated by them in terms of the relevant provisions of subsection (1). (3) (a) If a council referred to in subsection (1)(a), (b) or (c), the authorities referred to in subsection (1)(h) and the principals or rectors referred to in subsection (1)(i) fail to nominate persons in terms of the 25 said provisions or fail to inform the Director-General under subsec tion (2) of the names of the persons so nominated, the Minister shall · appoint qualified persons up to the number required, as members of the council. · (b) The Director-General shall, in the case of a failure contem- 30 plated in paragraph (a), immediately inform the Minister thereof in writing. (4) The Minister shall as soon as possible after the appointment of the members of the council inform the Director-General of the names of persons appointed by him or her. . (5) The names of the members of the council and the date of commencement of their period of office shall be made known by the Director-General in the Gazette as soon · as possible after the constitution of the council. 35 (6) Subject to the provisions of section 6, the members of the council 40 shall hold office as from the date contemplated in subsection (5) until the date of constitution of a new . council, but not exceeding 24 months.~'. Amendment of section 6 of Act 56 of 1974, as amended by section 46 of Act 97 of 1986 and section 4 of Act 58 of 1992 45

6. Section 6 of the principal Act is hereby amended- . (a) by the substitution for paragraph (d) ofsubsection (1) of the following .· paragraph: · · "(d) he or she ceases to hold any qualification necessary for his or her appointment or tenders his or her resignation in writing to 50 the Minister and the Minister accepts his or her resignation;"; • and (b) by.the substitution for subsection (2) of the following subsection: "(2) Every vacancy on the council arising from a circumstance referred to in subsection (1) and every vacancy caused by the death 55 of a member, shall be filled by appointment [designation or election, as the case may be, by the person or body by whom and in the manner in which the vacating member was required to be appointed, designated or elected] by the Minister of a person nominated by the Council, and every member so appointed [designated or elected] 60 8 No. 16547 Act No. 18, 1995 GOVERNMENT GAZETTE, 21 JULY 1995 MEDICAr_, DENTAL AND SUPPLEMENTARY HEALTH SERVIL-E PROFESSIONS AMENDMENT ACT, 1995 shall hold office for the unexpired portion of the period for which the vacating member was appointed [designated or elected]." . . Amendment of section 9 of Act 56 of 1974

7. Section 9 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: 5 "(1) The majority ofthe members of the council shall constitute a quorum at any meeting of the council.". Amendment of section 10 of Act 56 of 1974, as amended by section 3 of Act 58 of 1984 and section 5 of Act 58 of 1992

8. Section 10 of the principal Act is hereby amended by the substitution for 10 subsection (1) of the following subsection: "(1) There shall be an executive committee of the council consisting of the president, the vice-president, the Director-General [National Health and Population Development (or, in his absence, the officer designated in terms of section 5(2))] and not less than [five] seven other members of the council 15 designated by the council, of whom not less than three shall be medical . practitioners, one shall be a dentist [and one shall be a member appointed . under section 5(1)(b)(iv)] and two shall be community representatives.". Amendment of section 12 of Act 56 of 1974

9. Section 12 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: . "(1) [Subject to the provisions of subsection (4) the] The council shall appoint a registrar and may appoint such other persons as it may deem necessary for carrying out its functions under this Act, and may dismiss any of such other persons."; and 20 25 (b) by the deletion of subsection (4). Substitution of section 14 of Act 56 of 1974

10. The following section is hereby substituted for section 14 of the principal Act: "Minister may rectify defects •

14. If anything required to be done underthis Act in connection 30 with the appointment [designation or election] of any member is omitted or not done within the time or in the manner required by this Act, the Minister may order all such steps to be. taken as may be necessary to rectify the omission or error or may validate anything done in an irregular manner or form, in order to give effect to the 35 objects of this Act.". · · · Amendment of section 15 of Act 56 of 197 4, as amended by section 46 of Act 57 of 1975

11. Section 15 of the principal Act is hereby amended by the substitution for subsection(ll) of the following subsection: 40 "(11) The election of members of any professional board established under this section and any election to fill a casual vacancy on such professional board, shall be held mutatis mutandis in accordance with the provisions of this Act relating to the election, contemplated in section 5(1)(e), of members of the council prior to the amendment thereof by the Medical, Dental and 45 Supplementary Health Service Professions Amendment Act, 1995.". Substitution of section 63A of Act 56 of 1974, as inserted by section 5 of Act 38 of 1982

12. The following section is hereby substituted for section 63A. of the principal Act: 50 10 No. 16547 Act No. 18, 1995. GOVERNMENT GAZETTE, 21 JULY 1995 MEDICAI, DENTAL AND SUPPLEMENTARY HEALTH SERVILE PROFESSIONS AMENDMENT ACf, 1995 "Abolition of certain councils, and transitional provisions 63A. 1 The South African Medical and Dental Council, the Transkeian Medical Council and the Ciskeian Medical Council 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 5 acquired or incurred, as the case may be, by the South African Medical and Dental Council, the Transkeian Medical Council and the Ciskeian Medical Council, 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. (2) (a) The registrar of deeds concerned shall, 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 long title of Act 56 of 1974

13. The following long title is hereby substituted for the long title of the principal Act: .. ACT 10 15 20 To [consolidate and amend the laws providing for the establishment of the South African Medical and Dental Council] establish the Interim National Medical and Dental Council of South Africa; to provide for control over the training of and for the registration of medical practitioners, dentists and 25 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.". Repeal of laws, and savings 14. (1) Subject to the provisions of this section, the laws mentioned in the 30 second column of the Schedule are repealed as from the date on which the South African Medical an·d Dental Council, the Transkeian Medical Council and the Ciskeian Medical Council are abolished in terms of section 63A of the principal Act as indicated in the third column of the Schedule, to the extent that such laws were in force immediately prior to the commencement of the Constitution in the 35 various territories of the national territory of the Republic as set out in the fourth column of the Schedule. · (2) Any proclamation, notice, regulation, authorisation, rule or orper issued, made, granted or done in terms of a provision of any law repealed in terms of subsection (1) shall, unless it is inconsistent with ·any provision of the principal 40 Act, be deemed to have been issued, made, granted or done in terms of the corresponding provision of the principal Act, and shall stay in force until cancelled or repealed by the Interim National Medical and Dental Council of South Africa, established by section 2 of the principal Act (in this section referred to as the interim council). . , 45 .· (3) Any registration ofa person or any removal of a name from a register or any appointment or anything else done in terms of a provision of any law repealed in terms of subsection (1), shall be deemed to have been done under the principal Act. . . . . · _ .· . . ( 4) Notwithstanding the provisions of subsection (1 ), any inquiry, including any 50 preliminary investigation undertaken to determine whether prima facie evidence exists which would justify such inquiry, into alleged improper or disgraceful conduct by any person, conducted by a council abolished by section 63A of the principal Act and which has not been concluded at the date of the first meeting of the interim council, shall be continued and concluded by the interim council in 55 12 No. 16547 Act No. 18, 1995 · GOVERNMENT GAZETIE, 21 JULY 1995 MEDICAL DENTAL AND SUPPLEMENTARY HEALTH SERVICE PROFESSIONS AMENDMENT ACT, 1995 accordance with the provisions of the law under which the inquiry was instituted, as if such law had not been repealed. (5) Notwithstanding the provisions of subsection (1), the interim council shall have the power to institute and conclude disciplinary. proceedings under the relevant provisions of the repealed laws in accordance with. the procedures as prescribed by regulations made under section 61 of the principal Act, against any person who, at any time prior to the first meeting of the interim council, is alleged ·to have committed an act which may have constituted improper or disgraceful conduct in terms of the provisions of the repealed laws or any regulation made thereunder: Provided that the interim council shall not institute proceedings 10 . against any person unless the nature of the. contravention which the person is alleged to have committed in terms of the repealed laws or any regulation made thereunder, substantially corresponds to that of a contravention referred to in ·corresponding provisions of the principal Act or any regulation made thereunder. 5 (6) Any act performed or decision taken by the Transkeian Medical Council or 15 ·the Ciskeian Medical Council, with the exception of acts or decisions relating to pharmacy matters, shall be deemed to have been performed or taken, as the case may be, under the corresponding provisions of the principal Act. (7) Any person employed by the South African Medical and Dental Council, the Transkeian Medical Council and the Ciskeian Medical Council immediately 20 prior to the date referred to in subsection (1), with the exception of persons concerned with matters with regard to pharmaceutical services, shall be deemed to have been appointed by the interim council in terms of section 12 of the principal Act. (8) Any person who, immediately prior to the date referred to in subsection (1), 25 was the registrar of the South African Medical and Dental Council, the Transkeian Medical Council or the Ciskeian Medical Council, shall, within 14 days after the commencement of this Act furnish the Director-General: Health with the registers, minutes, financial statements and any other relevant documents of . their respective· councils. (9) In this section "South African Medical and Dental Council", ''Transkeian Medical Council" and "Ciskeian Medical Council" shall mean the South African Medical and Dental Council, the Transkeian Medical Council all.d the Ciskeian Medical Council, as define.d in section 1 of the principal Act; respectively. · . .. ;• ' • . • • • • . . . ! . ' ' Extension of application of Act 56 of 1974 ., . 30 35

15. The principal Act, as it was in force immediately prior to the commencement of this Act in the national territory of the Republic excluding the are~s which comprised tlie former Republics ofTranskei, Bophuthatswana, Venda and Ciskei and the areas which comprised the territories declared under section 26 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), tci be 40 self-governing territories, shall, from the date referred to in section 14(1), apply · · also in those areas. · · · · · · ' General provision·

16. D·uring the period of existence of the Interim National Medical and Dental Council of South Africa, established by section 2of the principal Act, the name 45 "South.Africall. Medical and Dental Council" shall be deemed to be the name of the interim council for the purposes of the issue of certificates, diplomas and distinguishing devices and its use on letterheads or on any other place where the · · · name. of the interim council is used. · · · · · · Short title and commencement 50 · 17." This Act shall tX! called the Medical, Dental and Supplementary Health Service Professions Amendment Act, 1995, and· shall come into operation immediately after the commencement of t?e Pharmacy Amendment Act, 1995. 14 No. 16547 Act No. 18, 1995 GOVERNMENT GAZETTE, 21 JULY 1995 MEDICA~ DENTAL AND SUPPLEMENTARY HEALTII SERVI~E PROFESSIONS AMENDMENT ACf, 1995 SCHEDULE LAWS REPEALED BY SECTION 14 Short title Extent or repeal Area in respect or which law is repealed Number and year or law AetNa. 56 of 1974 The whole Medical, Dental and Supplementary- Health Service Pro- Cessions Act, 1974 Act No. 57 of 1975 General Law Amendment Act, 1975 Sections 46, 47'and 48 Act No. 30 of 1976 (Transkei) Medical, Allied and The whole Supplementary Pro- Cessions Act, 1976 (Transkei) The territory of the former Republic of Venda arid the territories of the former self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The territory of the former Republic of Venda and the territories of the former self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The territory of the former Republic of Transkei Act No. 33 of 1976 Act No. 36of 1977 Medical, Dental and Supplementary Health Service Pro- fessions Amend- ment Act, 1976 Health Laws Amendment Act, 1977 The whole The territory of the former Republic of Venda and the territories of the former self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, · · KwaNdebele and KaNgwane Sections 12 up to The territory of the former Republic of and including 18 Venda and the territories of the former self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The territory of the former Republic of Transkei Act No. 31 of 1978 (Transkei) Medical, Allied and The whole Supplementary Pro- fessions Amend- ment Act, 1978 (Transkei) Act No. 52 of 1978 Act No. 43 of 1980 Act No. 66of 1981 Medical, Dental and Supplementary Health Service Pro- Cessions Amend- ment Act, 1978 Medical, Dental and Supplementary Health Service Pro- Cessions Amend- ment Act, 1980 Medical, Dental and Supplementary Health Service Pro- Cessions Amend- mcnt Act, 1981 The whole The whole The territory of the former Republic of Venda and the territories of the former self-governing territories of Lebow a, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The territories of the former self- go:verning territories of KwaNdebele and KaNgwane The whole The territory of the former self-gov- erning territory of KaNgwane Act No. 15 of · 1982 (Transkei) Health Professions The whole and Related Health Practices Amend- ment Act, 1982 (Transkei) The territory of the former Republic of Transkei AetNa. 38of 1982 Medical, Dental and Supplementary Health Service Pro- fessions Amend- ment Act, 1982 The whole The territory of the former self·gov- eming territory of KaNgwane 16 No. 16547 Act No. 18, 1995 Number and year of law Act No. 15 of 1983 (Transkei) GOVERNMENT GAZETIE, 21 JULY 1995 MEDICAJ; DENTAL AND SUPPLEMENTARY HEALTH SERVh.-E PROFESSIONS AMENDMENT ACT, 1995 Short title Extent of repeal Area in respect of which law is repealed General Law Amendment Act, 1983 (Transkei) Section 7 . The territory of the former Republic of Transkei ·Act No. 36 of 1984 ( Ciskei) ,. Health Professions The whole and Related Health · Practices Act, 1984 The territory of the former Republic of Ciskei (Ciskei) · Act No. 25of 1985 (Transkei) · Health La~s Amendment Act, 1985 (Transkei) Sections 7, 8, 9 and 10 The territory of the former Republic of Transkei Act No. 33 of 1985 (Bophutha- · tswana) · Act No. 14 of 1987 (Transkei) . Health and Related Chapter 3 Professions Act, 1985 (Bophutha- tswana) Medical, Allied and The whole Supplementary Pro- fessions Amend- men! Act, 1987 (Transkei) The territory of the former Republic of Bophuthatswana ' The territory of the former Republic of Transkei