Traditional Health Practitioners Act, 2004 (Act No. 35 of 2004)Chapter 5 : General and Supplementary Provisions47. Regulations |
| (a) | the appointment of members of the Council; |
| (b) |
| (i) | the registration by the Council of students in any prescribed category of traditional health practice undergoing education or training at any accredited training institution or educational authority or with any traditional tutor, the fees payable in respect of such registration and the removal by the Council from the register in question of the names of such students; |
| (ii) | the minimum standards of education and training required of students as a condition precedent to registration; |
| (iii) | the duration of the educational programme to be followed by students at an educational or training institution or with a traditional tutor; |
| (iv) | the minimum requirements of the curricula and the minimum standards of education or examinations which must be maintained at every educational or training institution or by every traditional tutor offering training in traditional health practice, in order to secure registration and recognition of the qualifications obtained under this Act; |
| (c) |
| (i) | the minimum age and standards of general education required of a candidate for examination for a certificate entitling the holder thereof to registration in terms of this Act; |
| (ii) | the courses of study and the training required for examinations; |
| (iii) | institutions at which, or persons with whom, educational courses or training may be undertaken and any other requirements relating to such study or training; |
| (iv) | the registration by the Council of persons undertaking educational courses or undergoing training and the fees payable in respect of such registration; |
| (v) | the fees payable by candidates for examinations; |
| (vi) | the appointment and remuneration of examiners for examinations; |
| (vii) | any matter incidental to examinations or the issue of certificates by the Council; |
| (viii) | the nature and duration of the practical training to be completed by persons before they may be registered; |
| (ix) | the nature and duration of the training to be completed by a person who has obtained a qualification as a traditional health practitioner, but who is not yet registered as such, before he or she may be registered as such; |
| (d) | the conditions under which a registered person may practise as a traditional health practitioner or practise in any category of traditional health practice; |
| (e) |
| (i) | the registration of students of traditional health practice, including the recording of particulars relating to their training and proof of the fulfilment of the requirements thereof; |
| (ii) | the health establishments or other institutions, if any, at which or the persons with whom such training may be undertaken; |
| (iii) | any other matter incidental to the registration or training of students; |
| (f) |
| (i) | the registration of the categories of registered persons, which includes diviners, herbalists, traditional birth attendants and traditional surgeons; |
| (ii) | the registration of specialities; |
| (iii) | the requirements to be satisfied, including the experience to be obtained, the nature and duration of the training to be undergone and the qualifications or additional qualifications required from a person before any category or speciality may be registered; |
| (iv) | the circumstances under which any applicant for the registration of any category or speciality may be exempted from any of such requirements; |
| (v) | conditions in respect of the practices of persons whose categories or specialities have been registered, including conditions restricting the practice of any such person to the category or speciality registered in his or her name; |
| (g) | the conduct of an inquiry contemplated in section 30, including— |
| (i) | the manner in which complaints or charges brought against a registered person must be lodged; |
| (ii) | the method of summonsing an accused person and the penalties for failure or refusal on the part of any such person to attend or for obstructing or interrupting the proceedings; |
| (iii) | the continuation of a disciplinary inquiry, after a plea has been lodged, by the committee conducting the inquiry, should one or more members of the committee be unable to continue to serve: Provided that at least two of the original members of the committee must be available to continue with the inquiry; |
| (iv) | the procedure to be followed to lodge an appeal with an appeal committee and the time within which an appeal may be lodged; |
| (v) | any other matter relating to the conduct of such an inquiry or appeal; |
| (h) |
| (i) | inquiries contemplated in section 41 relating to students or persons registered under this Act who appear to be mentally impaired; |
| (ii) | the assessment of the condition of mentally impaired persons; |
| (iii) | the conditions to be imposed on mentally impaired person’s registration or practice; |
| (iv) | the suspension or removal from practice of mentally impaired persons; |
| (v) | the revocation of any of the imposed conditions, or of suspension or removal from practice; |
| (vi) | acts of unprofessional conduct committed before or during assessment or investigation of mentally impaired persons. |
| (i) | the procedure which the Council must follow in disposing of an application brought under section |
| (j) | traditional medicines in order to protect the public and to ensure safety of use, administration or application; |
| (k) | standards of traditional health practice in order to ensure that practices are not detrimental to the health of patients or the general public; |
| (l) | scopes of practice of the various categories of traditional health practitioners; |
| (m) | any disease contemplated in section 49(1)(g) to be terminal; and |
| (n) | generally any matter which it is necessary to prescribe in order to effect the smooth implementation of this Act and the transition of traditional health practice from an unregulated to a regulated occupation. |
| (2) | The provisions of any regulation made under paragraph (e) or (f) of subsection (1) relating to fees payable under section 23(4) may vary according to the reason for the removal of a person’s name from the register and the period during which it was so removed. |
| (3) | Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith. |
| (4) | The Minister must, not less than three months before any regulation is made under subsection (1)— |
| (a) | publish the regulation in the Gazette together with a notice declaring his or her intention to make such regulation; and |
| (b) | invite interested persons to comment thereon or to make representations with regard thereto. |
| (5) | Subsection (4) does not apply in respect of— |
| (a) | any regulation which has been amended by the Minister in consequence of representations received by him or her as a result of the notice published in terms of subsection (4); and |
| (b) | any regulation in respect of which the Council advises the Minister that the public interest requires it to be made without delay. |