Medical Schemes Act, 1998 (Act No. 131 of 1998)RegulationsRegulations in terms of the Medical Schemes ActChapter 7 : Conditions to be complied with by brokers28B. Accreditation of brokers |
| 1) | Any person desiring to be accredited as a broker must apply in writing to the Council, and the application must be accompanied by – |
| a) | documentary proof of a recognised educational qualification and appropriate experience; |
| b) | documentary evidence of having passed or current enrolment in a relevant course of study recognised by the Council; |
| c) | in the case of a juristic person, documentary proof and a sworn affidavit that any person employed by the person, or acting under the auspices of the person, who provides or will provide advice on medical schemes to clients, is accredited with Council as a broker or an apprentice broker; and |
| d) | such additional information as the Council may deem necessary. |
| 2) | A recognized educational qualification and appropriate experience, for the purposes of this regulation, means – |
| a) | Grade 12 education or equivalent educational qualification; and |
| b) | a minimum of two years demonstrated experience as broker or apprentice broker in health care business. |
| 3) | Individuals not meeting the qualifications for a broker may apply to the Council for accreditation as apprentice brokers and such applications must be accompanied by documentary proof of – |
| a) | Grade 12 education or equivalent educational qualification; |
| b) | agreement by a fully accredited broker to supervise the applicant; |
| c) | current accreditation of the supervising broker; |
| d) | having passed or current enrolment in a relevant course of study recognised by the Council; and |
| e) | such additional information as the Council may deem necessary. |
| 4) | In the case of a natural person, an application for accreditation as a broker or an apprentice broker must also be accompanied by information to satisfy the Council that the applicant complies with – |
| a) | any requirements for fit and proper brokers which may be determined by the Council, by notice in the Gazette; and |
| b) | any relevant requirements for fit and proper financial services providers or categories of providers which may be determined by the Registrar of Financial Service Providers in terms of section 8(1) of the Financial Advisory and Intermediary Services Act, 2002. |
| 5) | In considering an application for accreditation in terms of this regulation, the Council may take into consideration any other information regarding the applicant, derived from whatever source, if such information is disclosed to the applicant and she or he is given a reasonable opportunity to respond thereto. |
| 6) | The Council must, after consideration of an application – |
| a) | if satisfied that an applicant complies with the requirements of this Act, grant the application subject to any conditions that he or she may deem necessary; or |
| b) | if not so satisfied, refuse the application and provide reasons to the applicant for such refusal. |
| 7) | If accreditation is granted by the Council to a broker or an apprentice broker, it shall be granted for twenty-four months, and shall be accompanied by a certificate from the Registrar clearly specifying the expiry date of the accreditation and any conditions imposed by the Council in terms of subregulation (6)(a). |
| 8) | The Council may at any time after the issue of a certificate of accreditation, on application by the broker or apprentice broker or on own initiative add, withdraw or amend any condition or restriction in respect of the accreditation, after having given the relevant broker or apprentice broker a reasonable opportunity to make submissions on the proposed addition, withdrawal or amendment and having considered those submissions, if the Council is satisfied that any such addition, withdrawal or amendment is justified and will not unfairly prejudice the interests of the clients of the broker or apprentice broker, and must in every such case issue an appropriately amended certificate to the broker or apprentice broker, as the case may be. |
| 9) | A broker or apprentice broker wishing to renew his or her accreditation shall apply to the Council for such renewal in such format as the Council may from time to time determine, provided that – |
| a) | such application for renewal shall be made by the broker or apprentice broker at least three months prior to the date of expiry of the accreditation; |
| b) | the broker or apprentice broker shall furnish the Council with any information that the Council may require. |
| 10) | The provisions of subregulations (6) to (8) shall apply mutatis mutandis to an application for renewal of accreditation in terms of subregulation (9). |
| 11) | A person is disqualified from accreditation as a broker or an apprentice broker if he or she- |
| a) | is an unrehabilitated insolvent; |
| b) | is disqualified under any law from carrying on his or her profession; or |
| c) | has at any time been convicted (whether in the Republic of South Africa or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Corruption Act, 1992 (Act No. 94 of 1992), or any offence involving dishonesty, and has been sentenced therefore to imprisonment without the option of a fine. |