Health Professions Act, 1974 (Act No. 56 of 1974)

1. Definitions

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In this Act, unless the context otherwise indicates—

 

"accredit"

means recognition or certification by the council or the relevant professional board in terms of this Act or any other Act as meeting the prescribed education and training requirements;

[Definition inserted by section 1(a) of Act No. 29 of 2007]

 

"Ciskeian Medical Council"

[Definition deleted by section 1(a) of Act No. 89 of 1997]

 

"community representative"

means a person appointed by the Minister as a community representative and who is not registered in terms of this Act;

[Definition inserted by section 1(a) of Act No. 29 of 2007]

 

"council"

means the council referred to in section 2;

 

"dentist"

means a person registered as such under this Act;

 

"Director-General"

means the Director-General: Health or his or her nominee;

[Definition inserted by section 1 of Act No. 18 of 1995]

 

"fruitless and wasteful expenditure"

has the same meaning as assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

[Definition inserted by section 1(b) of Act No. 29 of 2007]

 

"health practitioner"

means any person, including a student, registered with the council in a profession registrable in terms of this Act;

[Definition inserted by section 1(b) of Act No. 29 of 2007]

 

"health profession"

means any profession for which a professional board has been established in terms of section 15 and includes any category or group of persons provided for by such a board;

[Definition inserted by section 1(b) of Act No. 29 of 2007]

 

"impairment"

refers to a condition which renders a practitioner incapable of practicing a profession with reasonable skill and safety;

[Definition substituted by section 1(c) of Act No. 29 of 2007]

 

"Interim National Medical and Dental Council of South Africa"

[Definition deleted by section 1 of Act No. 29 of 2007]

 

"intern"

means a person registered as such under this Act in a profession which provides for internship training;

[Definition substituted by section 1 of Act No. 29 of 2007]

 

"intern-psychologist"

means a person registered as such under this Act;

[Definition inserted by section 1 of Act No. 33 of 1976]

 

"irregular expenditure"

means expenditure other than unauthorised expenditure—

(a)incurred in contravention of or that is not in accordance with a requirement of any applicable legislation; or
(b)that falls outside of the scope of the functions of the council or a professional board contemplated in this Act;

[Definition inserted by section 1 of Act No. 29 of 2007]

 

"medical practitioner"

means a person registered as such under this Act;

 

"medicine"

means medicine as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);

 

"medicinal purposes"

in relation to a scheduled substance, means the purpose of treatment or prevention of a disease or some other definite curative or therapeutic purpose, but does not include the satisfaction or relief of a habit or a craving for the substance used or for any other scheduled substance except where the substance is administered or used in a hospital or similar institution maintained wholly or partly by the Government or a provincial administration, or approved for that purpose by the Minister;

[Definition substituted by section 1 of Act No. 58 of 1992]

 

"member"

means a member of the council or of a professional board;

[Definition substituted by section 1(g) of Act No. 29 of 2007]

 

"Minister"

means the Minister of Health;

[Definition substituted by section 1 of Act No. 18 of 1995]

 

"prescribe"

means prescribe by regulation and "prescribed" shall have a corresponding meaning;

 

"president"

means the president of the council;

 

"professional board"

means a professional board established in terms of any of the provisions of section 15;

 

"professional category"

means the division or subdivision of a field in which any registered health profession may be practised;

[Definition inserted by section 1(h) of Act No. 29 of 2007]

 

"public representative"

means a person appointed by the council to serve in the committees or subcommittees of the Council or professional boards for a particular purpose, and who is not registered in any of the professions falling under this Act;

[Definition inserted by section 1(h) of Act No. 29 of 2007]

 

"psychologist"

means a person registered as such under this Act;

 

"qualification"

means any degree, diploma or certificate awarded after examination of a person's proficiency in a particular subject;

 

"register"

when used as a noun, means a register kept in accordance with the provisions of this Act, and when used in relation to any registration category or a member of any such category of persons in respect of which a register is kept, means the register kept for that category;

[Definition substituted by section 1(i) of Act No. 29 of 2007]

 

"registrar"

means the registrar appointed under section 12 or a person lawfully acting in that capacity;

 

"regulation"

means any regulation made under this Act;

 

"Republic"

[Definition deleted by section 1(c) of Act No. 58 of 1992]

 

"rule"

means any rule made under this Act;

 

"scheduled substance"

means a scheduled substance as defined in section 1 of the Medicines and Related Substances Act, 1965 (Act 101 of 1965);

[Definition substituted by section 1 of Act No. 89 of 1997]

 

"South African Medical and Dental Council"

[Definition deleted by section 1(d) of Act No. 89 of 1997]

 

"speciality"

in relation to a person registered in respect of any profession under this Act, means any particular discipline, division or subdivision of a profession which is recognised under this Act as a speciality in which such person specialises or intends to specialise;

[Definition substituted by section 1 of Act No. 29 of 2007]

 

"student intern"

means a person registered as such under this Act;

[Definition inserted by section 12 of Act No. 36 of 1977]

 

"supplementary health service profession"

[Definition deleted by section 1(e) of Act No. 89 of 1997]

 

"tariff of fees"

[Definition deleted by section 1(b) of Act No. 58 of 1984]

 

"this Act"

includes the regulations, rules and any proclamation or order issued or made under this Act;

 

"Transkeian Medical Council"

[Definition deleted by section 1(f) of Act No. 89 of 1997]

 

"unprofessional conduct"

means improper or disgraceful or dishonourable 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 disgraceful or dishonourable or unworthy;

 

"vice-president"

means the vice-president of the council.