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

Notices

Office of Health Standards Compliance : Enforcement Policy

1. Definitions

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1.1. "Board"

means the Board of the Office of Health Standards Compliance appointed in terms of Section 79A of the Act;

 

1.2. "Chief Executive Officer"

means the person appointed as Chief Executive Officer of the Office in terms of Section 79H(1) of the Act;

 

1.3. "Constitution"

means the Constitution of the Republic of South Africa, Act 108 of 1996;

 

1.4. "Compliance Enforcement Committee"

means an administrative body established by the Office to adjudicate on formal hearings relating to breaches or non -compliance with the prescribed norms and standards;

 

1.5. "Early Warning System"

means the surveillance systems that collect information of serious breaches of norms and standards that prompt interventions by the health establishment, the Office or relevant authority;

 

1.6. "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 health services;

 

1.7. "Inspector"

means a person appointed as an inspector in terms of Section 80(2) of the Act;

 

1.8. "Minister"

means the Minister responsible for Health;

 

1.9. "Norms and Standards"

means the norms and standards prescribed by the Minister in terms of Section 90(1)(b) and (c) of the Act;

 

1.10. "Office / OHSC"

means the Office of Health Standards Compliance established by Section 77(1) of the Act;

 

1.11 "Ombud"

means a person appointed as an Ombud in terms of Section 81(1) of the Act;

 

1.12. "person-in-charge"

means a person designated by the relevant authority, as a person in charge of a health establishment;

 

1.13. "Policy"

means this Enforcement Policy of the Office;

 

1.14. "Reasonable time"

means refers to the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances. For the purpose of the Office, reasonable time shall be any time frame within which a health establishment is required to perform a specific action and communicated accordingly;

 

1.15. "Regulations"

means the Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud;

 

1.16. "Relevant Authority"

refers to provincial department of health, district health authority, municipal authority or executive management authority in the private sector;

 

1.17. "the Act"

means the National Health Act, 2003 (Act No. 61 of 2003); and

 

1.18. "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 129 of the Children's Act 38 of 2005, "user" includes the person's parent or guardian, or another person authorised by law to act on the first mentioned 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 first mentioned person's behalf.