National Health Act, 2003 (Act No. 61 of 2003)1. Definitions |
In this Act, unless the context indicates otherwise-
"authorised institution"
means any institution designated as an authorised institution in terms of section 54;
"blood product"
means any product derived or produced from blood, including circulating progenitor cells, bone marrow progenitor cells and umbilical cord progenitor cells;
"Board"
means the Office of Health Standard Compliance Board established in terms of section 79A;
[Definition inserted by section 1(a) of Act No. 12 of 2013]
"central hospital"
means a public hospital designated by the Minister to provide health services to users from more than one province;
"certificate of need"
means a certificate contemplated in section 36;
"Chief Executive Officer"
means the person appointed as chief Executive Officer in terms of section 79H(1);
[Definition inserted by section 1(b) of Act No. 12 of 2013]
"communicable disease"
means a disease resulting from an infection due to pathogenic agents or toxins generated by the infection, following the direct or indirect transmission of the agents from the source to the host;
"Constitution"
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
"death"
means brain death;
"Director-General"
means the head of the national department;
"district health council"
means a council established in terms of section 31;
"essential health services"
means those health services prescribed by the Minister to be essential health services after consultation with the National Health Council;
"embryo"
means a human offspring in the first eight weeks from conception;
"Forum of Statutory Health Professional Councils"
means the Forum established by section 50;
"gamete"
means either of the two generative cells essential for human reproduction;
"gonad"
means a human testis or human ovary;
"health agency"
means any person other than a health establishment—
| (a) | whose business involves the supply of health care personnel to users or health establishments; |
| (b) | who employs health care personnel for the purpose of providing health services; or |
| (c) | who procures health care personnel or health services for the benefit of a user, and includes a temporary employment services as defined in the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), involving health workers or health care providers; |
"health care personnel"
means health care providers and health workers;
"health care provider"
means a person providing health services in term of any law, including in terms of the—
| (a) | Allied Health Professions Act, 1982 (Act No. 63 of 1982); |
| (b) | Health Professions Act, 1974 (Act No. 56 of 1974); |
| (c) | Nursing Act, 1978 (Act No. 50 of 1978); |
| (d) | Pharmacy Act. 1974 (Act No. 53 of 1974); and |
| (e) | Dental Technicians Act, 1979 (Act No. 19 of 1979); |
"health district"
means a district contemplated in section 29;
"health establishment"
means the whole or part of a public or private institution, facility, building or place, whether for profit or not, that is operated or designed to provide inpatient or outpatient treatment, diagnostic or therapeutic interventions, nursing, rehabilitative, palliative, convalescent, preventative or other services;
"health nuisance"
means a situation, or state of affairs, that endangers life or health or adversely affects the well-being of a person or community;
"health officer"
means the person appointed as health officer in terms of section 80(1) ;
[Definition inserted by section 1(c) of Act No. 12 of 2013]
"health research"
includes any research which contributes to knowledge of—
| (a) | the biological, clinical, psychological or social processes in human beings; |
| (b) | improved methods for the provision of health services; |
| (c) | human pathology; |
| (d) | causes of disease; |
| (e) | the effects of the environment on the human body; |
| (f) | the development or new application of pharmaceuticals, medicines and related substances; and |
| (g) | the development of new applications of health technology; |
"health research ethics committee"
means any committee registered in terms of section 73;
"health services"
means—
| (a) | health care services, including reproductive health care and emergency medical treatment, contemplated in section 27 of the Constitution; |
| (b) | basic nutrition and basic health care services contemplated in section 28(1)(c) of the Constitution; |
| (c) | medical treatment contemplated in section 35(2)(e) of the Constitution; and |
| (d) | municipal health services; |
"health technology"
means machinery or equipment that is used in the provision of health services, but does not include medicine as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);
"health worker"
means any person who is involved in the provision of health services to a user, but does not include a health care provider;
"hospital"
means a health establishment which is classified as a hospital by the Minister in terms of section 35;
"inspector"
means any person appointed as an inspector in terms of section 80(2);
[Definition inserted by section 1(d) of Act No. 12 of 2013]
"military health establishment"
means a health establishment which is, in terms of the Constitution and the Defence Act, 2002 (Act No. 42 of 2002), the responsibility of and under the direct or indirect authority and control of the President, as Commander in Chief, and the Minister of Defence, and includes—
| (a) | the Institutes for Aviation and Maritime Medicine; |
| (b) | the Military Psychological Institute; |
| (c) | military laboratory services; and |
| (d) | military training and educational centres; |
"Minister"
means the Cabinet member responsible for health;
"municipal council"
means a municipal council contemplated in section 157(1) of the Constitution:
"municipal health services"
for the purposes of this Act, includes—
| (a) | water quality monitoring; |
| (b) | food control; |
| (c) | waste management; |
| (d) | health surveillance of premises; |
| (e) | surveillance and prevention of communicable diseases, excluding immunisations; |
| (f) | vector control; |
| (g) | environmental pollution control; |
| (h) | disposal of the dead; and |
| (i) | chemical safety, |
but excludes port health, malaria control and control of hazardous substances;
"municipality"
means a municipality as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
"national department"
means the national Department of Health;
"National Health Council"
means the Council established by section 22(1);
"national-health policy"
means all policies relating to issues of national health as approved by the Minister;
"National Health Research Committee"
means the Committee established in terms of section 69(1);
"National Health Research Ethics Council"
means the Council established by section 72(1);
"national health system"
means the system within the Republic, whether within the public or private sector, in which the individual components are concerned with the financing, provision or delivery of health services;
"non-communicable disease"
means a disease or health condition that cannot be contracted from another person, an animal or directly from the environment;
"norm"
means a statistical normative rate of provision or measurable target outcome over a specified period of time;
"Office"
means the Office of Health Standards Compliance established by section 77(1);
[Definition inserted by section 1(f) of Act No. 12 of 2013]
"Ombud"
means the person appointed as Ombud in terms of section 81(1);
[Definition inserted by section 1(f) of Act No. 12 of 2013]
"oocyte"
means a developing human egg cell;
"organ"
means any part of the human body adapted by its structure to perform any particular vital function, including the eye and its accessories, but does not include skin and appendages, flesh, bone, bone marrow, body fluid, blood or a gamete;
"organ of state"
means an organ of state as defined in section 239 of the Constitution;
"pollution"
means pollution as defined in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);
"premises"
means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle, conveyance or ship;
"prescribed"
means prescribed by regulation made under section 90;
"primary health care services"
means such health services as may be prescribed by the Minister to be primary health services;
"private health establishment"
means a health establishment that is not owned or controlled by an organ of state;
"provincial department"
means any provincial department responsible for health;
"Provincial Health Council"
means a Council established by section 26(1);
"public health establishment"
means a health establishment that is owned or controlled by an organ of state;
"rehabilitation"
means a goal-orientated and time-limited process aimed at enabling impaired persons to reach an optimum mental, physical or social functional level;
"relevant member of the Executive Council"
means the member of the Executive Council of a province responsible for health;
"statutory health professional council"
means—
| (a) | the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act No. 56 of 1974); |
| (b) | the South African Nursing Council established by section 2 of the Nursing Act, 1978 (Act No. 50 of 1974); |
| (c) | the South African Pharmacy Council established by section 2 of the Pharmacy Act, 1974 (Act No.53 of 1974); |
| (d) | the Allied Health Professions Council of South Africa established by section 2 of the Allied Health Professions Act, 1982 (Act No. 63 of 1982). |
| (e) | the South African Dental Technicians Council contemplated in section 2 of the Dental Technicians Act, 1979 (Act No. 19 of 1979); and |
| (f) | such other statutory health professional council as the Minister may prescribe; |
"this Act"
includes any regulation made thereunder;
"tissue"
means human tissue, and includes flesh, bone, a gland; an organ, skin, bone marrow or body fluid, but excludes blood or a gamete;
"use"
in relation to tissue, includes preserve or dissect;
"user"
means the person receiving treatment in a health establishment, including receiving blood or blood products, or using a health service, and if the person receiving treatment or using a health service is—
| (a) | below the age contemplated in section 39(4) of the Child Care Act, 1983 (Act No. 74 of 1983), "user" includes the person’s parent or guardian or another person authorised by law to act on the firstmentioned person’s behalf; or |
| (b) | incapable of taking decisions, "user" includes the person’s spouse or partner or, in the absence of such spouse or partner, the person’s parent, grandparent, adult child or brother or sister, or another person authorised by law to act on the firstmentioned person’s behalf; |
"zygote"
means the product of the union of a male and a female gamete.