| (1) | An inspector may issue a compliance notice to a person in charge of any health establishment if such establishment does not comply with any prescribed norm and standard. |
| (2) | The notice contemplated in subsection (1) must set out— |
| (a) | the health establishment to which the notice applies; |
| (b) | any prescribed norm and standard that have not been complied with; |
| (c) | details of the nature and extent of non-compliance; |
| (d) | any steps that are required to be taken and the period over which such steps must be taken; and |
| (e) | the penalties that may be imposed in the event of continued non-compliance. |
| (3) | A compliance notice issued in terms of this section remains in force until the Office, on the basis of information furnished by the inspector, issues a certificate of compliance or until it is appealed against and set aside by the tribunal appointed in terms of section 88A(2)(a). |
| (4) | If a person in charge of a health establishment to whom a compliance notice has been issued, fails to comply with the notice, the Office may as appropriate and taking into account the nature, extent, gravity and severity of the contravention— |
| (a) | issue a written warning to achieve compliance within a set period of time in a manner prescribed; |
| (b) | require a written response from the health establishment regarding the continued non-compliance; |
| (c) | recommend to the relevant authority any appropriate and suitable action to be undertaken, including the institution of disciplinary proceedings against persons responsible for the non-compliance or continued non-compliance; |
| (d) | revoke the compliance certificate and recommend to the Minister the temporary or permanent closure of the health establishment or part thereof that constitutes a serious risk to public health or to health service users; |
| (e) | impose upon that person or health establishment a fine as determined by the Minister in the Gazette from time to time; or |
| (f) | refer the matter to the National Prosecuting Authority for prosecution. |
| (5) | The Chief Executive Officer must inform the head of a national or provincial department, the municipal manager or the head of a health establishment of any persistent non-compliance. |
[Section 82A amended by section 5 of Act No. 12 of 2013]
