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 Appeal22. Compliance enforcement |
| (1) | The Office must develop an enforcement policy which sets out the Office’s approach to enforcing compliance. |
| (2) | The Chief Executive Officer must publish the enforcement policy referred to in sub-regulation (1) and any subsequent amendments thereof, in the Government Gazette, within 25 working days of their approval by the Board. |
| (3) | Compliance enforcement must, as far as possible, be applied in a progressive manner, after taking into account the following, with regards to each health establishment: |
| (a) | The nature and severity of non-compliance with the norms and standards and the consequences thereof; |
| (b) | the compliance history of the health establishment; |
| (c) | frequency of transgressions in relation to the norms and standards; |
| (d) | any offences by the health establishment in terms of section 89(1) of the Act; and |
| (e) | any mitigating or aggravating factors. |