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

Notices

Office of Health Standards Compliance : Enforcement Policy

12. Enforcement

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12.1 Purpose of Enforcement

 

12.1.1 The primary purpose of enforcement is to—
(a)enforce compliance by health establishments with the prescribed norms and standards;
(b) protect users and health care personnel from harm and the risk of harm caused by non-compliance by health establishments with prescribed norms and standards;
(c) ensure that users receive health services of acceptable standard and that health care personnel work in a safe environment.

 

12.2 Criteria for Enforcement

 

12.2.1 In deciding the most appropriate action to take, the Office may be guided by the following considerations—
(a) The impact of the breach on the provision of health care service delivery;
(b) Any injury, loss, damage or death resulting from the breach;
(c) The health establishment or person in charge blameworthiness or the degree within which they should be held accountable for the breach;
(d) The compliance history of the health establishment;
(e) Any mitigating or aggravating factors, including efforts undertaken by the person in charge of the health establishment to prevent / control the risk;
(f) Whether the breach is imminent.