National Health Act, 2003 (Act No. 61 of 2003)

Chapter 7 : Human Resources Planning and Academic Health Complexes

50. Forum of Statutory Health Professional Councils

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(1)A forum to be known as the Forum of Statutory Health Professional Councils is hereby established on which all the statutory health professional councils must be represented.

 

(2)The Forum of Statutory Health Professional Councils consists of the chairpersons of the statutory health professional councils and the registrars of chief executive officers, as the case may be, of the statutory health professional councils.

 

(3)
(a)In addition to the representatives contemplated in subsection (2), the Minister must appoint—
(i)two representatives of the national department;
(ii)three community representatives who have been appointed to any of the statutory health professional councils contemplated in subsection (1); and
(iii)two representatives of tertiary education institutions,

to the Forum of Statutory Health Professional Councils.

(b)
(i)The Minister must appoint a suitable person as chairperson of the Forum of Statutory Health Professional Councils.
(ii)The chairperson holds office for such period, but not exceeding two years, as the Minister may determine at the time of his or her appointment, and may be reappointed at the expiry of his or her term of office.
(c)Any member of the Forum of Statutory Health Professional Councils, including the chairperson, must vacate his or her office if—
(i)his or her estate is sequestrated;
(ii)he or she becomes disqualified from practising his or her profession in terms of any law;
(iii)he or she becomes mentally ill to such a degree that it is necessary that he or she be detained, supervised or controlled;
(iv)he or she is convicted in the Republic or elsewhere of an offence involving dishonesty or an offence in respect whereof he or she is sentenced to imprisonment without the option of a fine;
(v)he or she ceases to be a South African citizen;
(vi)he or she has been absent from more than two consecutive ordinary meetings of the Forum without leave from the Forum;
(vii)he or she tenders his or her resignation in writing and the Minister accepts the resignation;
(viii)he or she ceases to hold any qualification necessary for his or her appointment; or
(ix)the Minister, in the public interest, terminates his or her membership.

 

(4)The Forum of Statutory Health Professional Councils must—
(a)protect the interest of the public and users;
(b)ensure communication and liaison between the statutory health professional councils upon matters affecting more than one of the registered professions;
(c)in the interests of the public, promote inter-professional liaison and communication between registered professions;
(d)promote good practice in health services and sharing of information between the statutory health professional councils;
(e)ensure consistency in the actions and decisions of the statutory health professional councils;
(f)consult and liaise with any relevant authority on matters collectively affecting all registered health professions;
(g)investigate and report on, of its own accord, at the request of one or more of the statutory health professional councils or at the request of the Minister, any matter of relevance to more than one statutory health professional council;
(h)in the prescribed manner, act as ombudsperson in respect of complaints by members of the public and other persons concerning the councils referred to in subsection (1);
(i)advise the Minister on the development of coherent policies relating to the education and training and optimal utilisation and distribution of health care providers;
(j)monitor and advise the Minister on the implementation of health policy in so far as it impacts on health care providers and the registered professions;
(k)hold the statutory health professional councils explicitly to account for their performance as competent public authorities;
(l)publish an annual report on the performance of the statutory health professional councils;
(m)set performance improvement targets with the statutory health professional councils and monitor their progress; and
(n)advise the Minister and the individual statutory health professional councils concerning—
(i)the scopes of practice of the registered professions;
(ii)common educational and training requirements of health care providers;
(iii)new professions to be regulated;
(iv)targets, priorities, norms and standards relating to the equitable distribution of health care providers;
(v)development, procurement and use of health service technology;
(vi)perverse incentives within the registered professions;
(vii)the recruitment, evaluation and registration of foreign health care professionals;
(viii)effective co-ordination of the objectives and responsibilities of the various statutory health professional councils;
(ix)responsibilities of health care providers in promoting and maintaining public health;
(x)interprofessional communication and relationships; and
(xi)any other matter that may be prescribed.

 

(5)
(a)In performing its duties the Forum of Statutory Health Professional Councils may—
(i)consult or hear representations by any person, body or authority; and
(ii)establish a committee to advise it on any matter.
(b)A committee contemplated in paragraph (a)(ii) may consist of not more than seven persons who must have the relevant knowledge, expertise, skills and experience to enable the committee to give the required advice.
(c)The chairperson of the Forum must be a member of the committee.

 

(6)
(a)A decision of the Forum of Statutory Health Professional Councils must be taken by the votes of a majority of at least two thirds of the members of the Forum present at the meeting of the Forum.
(b)A quorum for any meeting of the Forum is at least half of the members of the Forum plus one.
(c)In the event of an equality of votes, the chairperson of the Forum has a casting vote in addition to his or her deliberative vote.

 

(7)The Forum of Statutory Health Professional Councils may determine the procedure for its meetings.

 

(8)The Forum of Statutory Health Professional Councils must meet at least three times a year.

 

(9)The Forum of Statutory Health Professional Councils is funded through prescribed membership fees paid by the statutory health professional councils.

 

(10)The members of the Forum of Statutory Health Professional Councils may agree that a person employed by one of the statutory health professional councils represented on the Forum must act as secretary at a meeting of the Forum.