National Health Act, 2003 (Act No. 61 of 2003)RegulationsProcedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OmbudChapter 6 : Compliance Notice, Enforcement and Appeal21. Compliance notice to health establishment |
| (1) | An inspector must— |
| (a) | after issuing a final report, issue a compliance notice in terms of section 82A(1) of the Act, to the person in charge, if any norms and standards have not been complied with; or |
| (b) | at any time during an inspection, issue a compliance notice in terms of section 82A(1) of the Act, to the person in charge, if there are reasonable grounds to believe that the health establishment or a part thereof poses a serious risk to public health or the health and safety of users. |
| (2) | The compliance notice referred to in sub-regulation (1), must be issued in the form of Form 7, and must contain all the information set out in section 82A(2) of the Act. |
| (3) | The person in charge must, within the period specified in the compliance notice, provide the inspector with the health establishment’s quality improvement plan that details— |
| (a) | the actions that will be undertaken to achieve compliance with the norms and standards; and |
| (b) | the timeframe for achieving compliance. |
| (4) | If the health establishment fails to comply with the compliance notice issued in terms of section 82A(1) of the Act, the Office may invoke any of the sanctions listed in section 82A(4) of the Act. |