Health Professions Act, 1974 (Act No. 56 of 1974)Chapter I : Establishment, Objects, Functions and Powers of the Health Professions Council of South Africa and of Professional Boards15. Establishment of professional boards |
| (1) | The Minister shall, on the recommendation of the council, establish a professional board with regard to any health profession in respect of which a register is kept in terms of this Act, or with regard to two or more such health professions. |
[Subsection (1) inserted by section 12(a) of Act No. 29 of 2007]
| (2) | The Minister may, on the recommendation of the council, reconstitute the professional boards with regard to the health professions for which the boards have been established, and establish other boards. |
[Subsection (2) substituted by section 12(b) of Act No. 29 of 2007]
| (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 council, 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— |
| (a) | the appointment of the members of a professional board by the Minister on the basis of nominations made by the members of the health profession or professions involved; |
[Subsection (5)(a) substituted by section 12(c) of Act No. 29 of 2007]
| (b) | 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 professional board and such representatives must not be persons registered with that board; |
[Subsection (5)(b) substituted by section 12(d) of Act No. 29 of 2007]
| (c) | relevant educational institutions to be represented; |
| (d) | the health authorities to be represented; |
| (e) | one or more persons versed in law to be appointed, where appropriate; |
| (f) | 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; |
| (fA) | the establishment of professional conduct committees, each consisting of so many persons as may be prescribed, but including at least three board members or members of the relevant profession and at least two public representatives one of whom shall be the chairperson of such committee; |
[Subsection (5)(fA) inserted by section 12(e) of Act No. 29 of 2007]
| (g) | the procedure to be followed for the nomination and appointment, as the case may be, of the members of a professional board; |
[Subsection (5)(g) substituted by section 12(f) of Act No. 29 of 2007]
| (h) | 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; |
[Subsection (5)(h) substituted by section 12(g) of Act No. 29 of 2007]
| (i) | the term of office of the members of a professional board; and |
[Subsection (5)(i) substituted by section 12(h) of Act No. 29 of 2007]
| (j) | the vacation of office by a member of and the filling of vacancies in a professional board. |
[Subsection (5)(j) substituted by section 12(i) of Act No. 29 of 2007]
[Section 15 substituted by section 12 of Act No. 89 of 1997]