National Health Act, 2003 (Act No. 61 of 2003)Chapter 6 : Health Establishments39. Regulations relating to certificates of need |
| (1) | The Minister may, after consultation with the National Health Council, make regulations relating to— |
| (a) | the requirements for the issuing or renewal of a certificate of need; |
| (b) | the requirements for a certificate of need for health establishments and health agencies existing at the time of commencement of this Act; |
| (c) | the requirements for a certificate of need for health establishments and health agencies coming into being after the commencement of this Act; and |
| (d) | any other matter relating to the granting of a certificate of need and the inspection and administration of health establishments and health agencies. |
| (2) | Regulations made under subsection (1)— |
| (a) | must ensure the equitable distribution and rationalisation of health, with special regard to vulnerable groups such as woman, older persons, children and people with disabilities; |
| (b) | may prescribe the fees payable in respect of applications for the issuing and renewal of certificates of need; |
| (c) | must prescribe the formats and procedures to be used in applications for the issuing and renewal of certificates of need, and the information that must be submitted with such applications; |
| (d) | must ensure and promote access to health services and the optimal utilisation of health care resources, with special regard to vulnerable groups such as woman, older persons, children and people with disabilities; |
| (e) | must ensure compliance with the provisions of this Act and national operational norms and standards for the delivery of health services; |
| (f) | must seek to avoid or prohibit business practices or perverse incentives which adversely affect the costs or quality of health services or the access of users to health services; |
| (g) | must avoid or prohibit practices, schemes or arrangements by health care providers or health establishments that directly or indirectly conflict with, violate or undermine good ethics and professional practice; and |
| (h) | must ensure that the quality of health services provided by health establishments and health agencies conforms to the prescribed norms and standards. |