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Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: National Health Act (to be promulgated and to replace the Health Act) No 61 2003

Open Policy Document Open Policy Document
This document has been opened: 733 times to date.
Date Of Release: 23 Jul 2003
Date Of Expected Review:
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department of Health
Contact Name: Switchboard
Phone Number: 012 312 0000
Fax Number: 012 326 9395
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 312 0000
Fax Number: (012) 326 9395
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

To provide a framework for a structured uniform health system within the Republic, taking into account the obligations imposed by the Constitution and other laws on the national, provincial and local governments with regard to health services; and to provide for matters connected therewith.

To unite the various elements of the national health system in a common goal to actively promote and improve the national health system in South Africa;

To provide for a system of co-operative governance and management of health services, within national guidelines, norms and standards, in which each province, municipality and health district must address questions of health policy and delivery of quality health care services;

To establish a health system based on decentralised management, principles of
equity, efficiency, sound governance, internationally recognised standards of
research and a spirit of enquiry and advocacy which encourages participation;

To promote a spirit of co-operation and shared responsibility among public and
private health professionals and providers and other relevant sectors within
the context of national, provincial and district health plans

Section Summary

  Section Number Section Heading Section Description
01 OBJECTS OF ACT, RESPONSIBILITY FOR HEALTH AND ELIGIBILlTY FOR FREE HEALTH SERVICES Objects of Act; Responsibility for health; Eligibility for free health services in public health establishments
02 RIGHTS AND DUTIES OF USERS AND HEALTH CARE PERSONNEL Emergency treatment; User to have full knowledge; Consent of user; Participation in decisions; Health service without consent; Discharge reports; Health services for experimental or research purposes; Duty to disseminate information; Obligation to keep record; Confidentiality; Access to health records; Access to health records by health care provider; Protection of health records; Laying of complaints; Duties of users; Rights of health care personnel
03 NATIONAL HEALTH General functions of national department; Establishment and composition of National Health Council; Functions of National Health Council; National Consultative Health Forum
04 PROVINCIAL HEALTH Provincial health services, and general functions of provincial departments; Establishment and composition of Provincial Health Council; Functions of Provincial Health Council; Provincial consultative bodies
05 DlSTRICT HEALTH SYSTEM FOR REPUBLIC Establishment of district health system; Division of health districts into subdistricts; Establishment of district health councils; Health services to be provided by municipalities; Preparation of district health plans; Transitional arrangements concerning municipal health services
06 HEALTH ESTABLISHMENTS Classification of health establishments; Certificate of need; Duration of certificate of need; Appeal to Minister against Director-General’s decision; Regulations relating to certificates of need Offences and penalties in respect of certificate of need; Provision of health services at public health establishments Clinics and community health centre committees; Health services at non-health establishments and at public health establishments other than hospitals; Referral from one public health establishment to another Relationship between public and private health establishments; Obligations of private health establishments; Evaluating services of health establishments
07 HUMAN RESOURCES PLANNING AND ACADEMIC HEALTH COMPLEXES Development and provision of human resources in national health system; Maximising services of health care providers; Forum of Statutory Health Professional Councils; Establishment of academic health complexes; Regulations relation to human resources
08 CONTROL OF USE OF BLOOD, BLOOD PRODUCTS, TISSUE AND GAMETES IN HUMANS Establishment of national blood transfusion service; Designation of authorised institution; Removal of tissue, blood, blood products or gametes from living persons; Use of tissue, blood, blood products or gametes removed or withdrawn from living persons; Prohibition of reproductive cloning of human beings Removal and transplantation of human tissue in hospital or authorised institution; Removal, use or transplantation of tissue, and administering of blood and blood products by medical practitioner or dentist; Payment in connection with the importation, acquisition or supply of tissue, blood. blood products or gametes; Allocation and use of human organs; Donation of human bodies and tissue of deceased persons; Human bodies, tissue, blood, blood products or gametes may be donated to prescribed institution or person; Purposes of donation of body, tissue, blood or blood products of deceased persons; Revocation of donations; Post-mortem examination of bodies; Removal of tissue at post-mortem examinations and obtaining of tissue by institutions and persons; Regulations relating to tissue, cells, organs, blood, blood products and gametes
09 NATIONAL HEALTH RESEARCH AND INFORMATION National Health Research Committee Identification of health research priorities; Research on or experimentation with human subjects; National Health Research Ethics Council; Health research ethics committees; Co-ordination of national health information system; Provincial duties in relation to health information; Duties of district health councils and municipalities
10 HEALTH OFFICERS AND COMPLIANCE PROCEDURES Establishment of Inspectorate for health establishments; Office of Standards Compliance; Inspections by Office of Standards Compliance; Appointment of health officers; Duty of health officers; Routine inspections; Environmental health investigations Entry and search of premises with warrant; Identification prior to entry. and resistance against entry; Entry and search of premises without warrant; Disposal of items seized by health officer; Miscellaneous provisions relating to health officers, inspectors and compliance procedures; Offences
12 GENERAL PROVISIONS Minister may appoint committees; Assignment of duties and delegation of powers; Repeal of laws and savings Short title and commencement

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