Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act
This section publishes the Act and notes that the President assented to it.
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This section publishes the Act and notes that the President assented to it. This section defines new and amended terms and says practitioners may diagnose, treat, prevent, prescribe, dispense medicine, and provide or prescribe treatment for human disease or deficiencies; therapists may treat diagnosed conditions and prevent them. This section replaces the Chapter 1 heading of the principal Act with a new title for the Council. This section establishes the Allied Health Professions Interim Council of South Africa as a juristic person, says the registrar must convene its first meeting, and sets its head office in Pretoria. This section says that section 3 of the principal Act is replaced with a new section headed “Objects of council”.
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Provisions of Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act
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December 2000 No. 1308.
AI-assisted research summary: This section publishes the Act and notes that the President assented to it.
1 December 2000 No. 1308. 1 LJes 1825 . . — ber 2000 It is hereby notified that the President has assented to the t’{:l]~wipg Act which is h e r e b y p u b l i s h e d for gen:ral in format icm:- No. 50 of 2000: Chiropractors, Homeopaths and Allied Health Service Professions Second Amendmenk Act, 2000. H i e r b y w o r d bekcnd gemaak dat die Presidel t sy gcwd- keuring geheg hct awl die onderst:~ailde W e t \va h:erby ter algemene lnlighn~! gepubliseer word:—- No. 50 van 2000: Tweede Wysigingswet Honlec>pa[e en Vcrwantc Geso!ldheids diemsbsroepc, ~~t)r). oi:, Chir pr:diti~yns, - I GIUWR.AL EXPL.ANATORY NOTE: [ 1 Words in boicl type in squaw brackets indicate omissions from existing enactments V’ords u[~derlinml with a solid line indicate insertions in existirlS ell:iCtlTICilt S. —.— __.——.—— ..—.— :— .- -————— (English te.rt sigt?cd ))> the President.} (AsseIIred to 26 No\eml?er 2000.) ACT To amend the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, so as to define certain expressions; to amend certain definitions and delete others; to abolish the Chiropractors, Homeopaths and Allied Health Service Professions Interim Council; to establish tkle Allied Health Professions Council of South Africa; to provide for the establishment of professional boards; to regulate the relationship between the new Council and the professional boards; to make provision for matters relating to the responsibility, accountability, democratisation and transparency of the Council and professional boards; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa. as follows:— Amendment of section 1 of Act 63 of 1982, as amended by section 1 of Act 108 of 1985, section 1 of Act 10 of 1990, section 1 of Act 63 of 1993 and section 1 of Act 40 of 1995 5 - 1 Verify source ↗
Section 1 of the Chiropractors. Homeopaths and Allied Health Service Professions
AI-assisted research summary: This section defines new and amended terms and says practitioners may diagnose, treat, prevent, prescribe, dispense medicine, and provide or prescribe treatment for human disease or deficiencies; therapists may treat diagnosed conditions and prevent them.
1. Section 1 of the Chiropractors. Homeopaths and Allied Health Service Professions Act, 1982 (hereinafter referred to as “the principal Act” ), is hereby amended by— (aJ the insertion before the definition of “allied health service profession” of the following definition: “ ‘acupuncturist’ means a person registered as such under this Act in 10 respect of the profession of Chinese medlcme and acupuncture;”; — (b) the substitution for the definition of “allied health service profession” of the following definition: —. “ ‘allied health [service] profession’ means [any] the profession [referred to in] of a~veda, Chinese medicine and—acupuncture. 15 ph ytot herapy, chiropractic. homeopathy, therapeutic aromatherapy. therapeutic massage therapy or therapeutic reflexology, or any other profession contemplated in section 16~g ——— which this Act au;’,’; naturopath, osteopathy, ,, (c) the insertion after the definition of “annual fees” of the following definitions: 20 “ ~-mo~er’ means a person re,sistered as such under this Act;—— ‘chairperson’ means the chairperson contemplated in s~cti~n 7(1);. =t~iropractor’ means a person re~red as such under this Act;”; — — ——- — — .. —— —-— I SERVICE PROHXSIONS SF.CONI? AME.!XL)hlEh’T ACT, 200(1 ((i] [he substitution for t!w definition of “cour;cil” of [k following definition ““ ‘council’ means the [Chiropractors, Homeopaths and] Allied Health IService] F%ofes$iors \Interirn] Council of Sourh Africa established by section 2:”: ((’) the insertion after the definition of ‘“Director-General’” of the following 5 definitions: ‘. ‘educational institution’ means any uni\’ersitv or technikon established by an Act of Parliament and approved by the council to offer training in any profession for which a register has been established in terms of this Act or any private school registered with the Department of Education and approved by the council to offer such training; ‘examining authority’ means any person or group of persons appro\Jed by [he council to condllct examinations in any subject falling under anv.! profession registered in terms of this Act:”;- ( f) ( s) ()[) (i) (i) (k) (1) the deletion of the definition o; “former council”; the insertion after the definition of “Director-General” of the following definitions: “ ‘homeopath’ means a person registered as such under this Act: ‘intern’ means a person rqzistered as such in terms of section 19;”: the su~stitution for the definition of “medical practitioner” of the following definition: “ ‘medical practitioner” means a person registered as such under the [Medical, Dental and Supplementary] Health [Service] Professions Act, 1974 (Act No. 56 of 1974);”; the insertion after the definition of “Minister” of the following definitions: “ ‘naturopath’ means a person reszistered as such under this Act; ‘osteopath’ means a person registered as such under this Act: ‘phytotherapist’ means a person registered as such under this Act;”; —— the substitution for the definition of “practitioner” of the following definition: ‘practitioner’ means [any] ~ person registered [under] as an acupunc- turist, ayurveda practitioner, -chiropractor, homeopath, naturopath, osteopath or phytotherapist, in terms of this Act [or who is deemed to be so registered]:”; the substitution for the definition of “profession” of the following definition: “ ‘profession’ means [the profession of chiropractor or homeopath or an] ~ allied health [service] profession;”; the substitution for the definition of “professional board” of the following definition: 10 15 20 25 30 35 “ ‘professional board’ means a professional board established under section 10A[(3)];”; 40 /l?I) (1?) the substitution for the definition of “regulation” of the following definition: ‘< ‘reg ulation’ means any regulation made under [section 38] this Act;”; the insertion after the definition of “regulation” of the folIowing definitions: “ ‘rule’ means agy rule made under this Act; ‘scheduled substance’ means any scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965); (0) the insertion after the definition of “student” of the following definitions: “ ‘student-intern’ means a person registered as such in terms of section 19: ‘therapeutic aromatherapist’ means a person registered as such under this Act; ‘therapeutic massage therapist’ means a person registered as such under this Act: ‘therapeutic reflexologist’ means a person registered as such under this Act; ‘therapist’ means a person registered as a therapeutic aromatherapist, therapeutic massage therapist or therapeutic reflexologist in terms of this @’”; 45 50 55 x(>. 2] ?,’25 6 — .- — - _ — _ __ —.—— —— —-... .—-.— _.—.— GO\ FKX).tl;NTGAZE~[{. I DECEhfBER2[)()(> id N(],50,.2(m CHIROPRACTORS. !10\lEol],41’HS AND ,AJ.1.:ED HEALTH SERVICE PROFESSIONS” SECOND ,A}l FNDMENT ACT, 2000 (pj tlie substitution for the definition of “this Act” of tlw following definition: “ ‘this AcI’ includes any [regulations] regulation. rule and order made or issued under this Acl; ”: —. — —. (q) the insertion after the definition of “ this Act” of the following definitions: “ ‘unprofessional conduct’ means improper, dis~raceful, dishonorable 5 or—unworthy cond~t~duct which, when regard is had to the profession of a person who is registered in terms of this Act, is improper or disgraceful or dishonorable or unworthy; ‘vice-chairperson’ means the vice-chairperson contemplated in section 7(l).”; and 10 (r) the addition of the following subsection, the existing section becoming subsection (l): “(2) For purposes of this Act— ((i) a practitioner may— (i) diagnose, and treat or prevent, physical and mental disease, illness or deficiencies in humans; (ii) prescribe or dispense medicine; or (iii) provide or prescribe treatment for such disease, illness or deficiencies in humans; (b) a therapist may— (i) treat or provide treatment for diagnosed disease, illness or deficiencies in humans; or (c) (ii) prevent such disease, illness or deficiencies in humans; and any reference in this Act, except in section 16(3), (4), (5) and (6), to practitioner includes a therapist.”. 15 20 25 Substitution of heading of Chapter 1 of Act 63 of 1982, as substituted by section 2 of Act 40 of 1995 - 2 Verify source ↗
The following heading is hereby substituted for the heading of Chapter 1 of the
AI-assisted research summary: This section replaces the Chapter 1 heading of the principal Act with a new title for the Council.
2. The following heading is hereby substituted for the heading of Chapter 1 of the principal Act: “THE [CHIROPRACTORS, HOMEOPATHS AND] ALLIED HEALTH 30 [SERVICE] PROFESSIONS [INTERIM] COUNCIL OF SOUTH AFRICA: ESTABLISHMENT, OBJECTS AND FUNCTIONS” Substitution of section 2 of Act 63 of 1982, as substituted by section 3 of Act 40 of 1995 - 3 Verify source ↗
The following section is hereby substituted for section 2 of the principal Act:
AI-assisted research summary: This section establishes the Allied Health Professions Interim Council of South Africa as a juristic person, says the registrar must convene its first meeting, and sets its head office in Pretoria.
3. The following section is hereby substituted for section 2 of the principal Act: 35 “Establishment of [Chiropractors, Homeopaths and] Allied Health [Service] Professions [Interim] Council of South Africa 2. ~ There is hereby established a juristic person to be known as the [Chiropractors, Homeopaths and] Allied Health [Service] Professions [Interim] Council of South Africa and the first meeting of the council shall 40 be convened by the [Director-General] registrar. (?) The head office of the council shall be situated in Pretoria. ”. & ——— I $ IN(, :! 1s?5 _—-_. _____ ..—_-... _.. .—. _ .———. ..- —-— ———— (,i)VEll~\l FN’r GAZFTTE. I DECEMF3FiR 20(10 ,.j(y No. 50.2.000 CHIRt)F’l<+\c”’1’(Ji<S. H[)MFNi’:\Tl 1S AND AI. I.IED HEAI..TI1 SER\’lCE PROl%SSlflNS S[:~ ‘[ )NO \hfENl~\li. XT A(”T. 2000 Substitution of’ section 3 of 4ct 63 of 1982, m amended by section 4 of Act 40 of 1995. section 1 of Act 91 of 1997 and section 1 ot’ Act 6 of 2000 - 4 Verify source ↗
The following section is hei-eby suhs[i(uted for section 3 of’ the principal Act:
AI-assisted research summary: This section says that section 3 of the principal Act is replaced with a new section headed “Objects of council”.
4. The following section is hei-eby suhs[i(uted for section 3 of’ the principal Act: “Objects of council - 3 Verify source ↗
The objects of the council shall be-
AI-assisted research summary: The council must carry out several public-regulatory functions, including promoting health, governing registered professions, controlling practice and registration, advising the Minister, and communicating public-interest information.
3. The objects of the council shall be- (a) to assist in the promotion ~rotection of the health of the popukuion of the Republic; ((/.4) to govern, administer and set Policy relating to the professions —— registered with the council; (b) to control the p=ctice of the professions and to investigate in accordance with the pro\’lsions of this Act compkiints relating to the afiairs of practitioners and stridents; (c) to control the registration of persons in respect of any profession and to set standards for the training of intending practitioners: —. (d) to advise the Minister on any matter falling within the scope of this Act as it relates [relating] to the professions re,~istered with the council: (c) ~o make recommendations to the Minister within a period of 12 months calculated as from the date of commencement of the Chiropractors, Hom~aths and Allied Health Service Professions Second Amendment Act. 2000, on the constitution of [a new] the council [within a period not exceeding 60 months calculated% from the date of commencement of the Chiropractors, Homeo- paths and Allied Health Service Professions Amendment Act, 1995 (Act No. 40 of 1995); and] with due re~ard to the number of persons registered in terms of this Ac~n respect of every profession: Provided that— (i) registers for Chinese medicine and acupuncture, therapeutic aromatherapy, therapeutic massage therapy and therapeutic reflexolorgy must be opened within a period referred to in paragraph (c); and (ii) each profession shall not have more than three representatives on the council; (~) to advise the Minister on the amendment or adaptation of this Act so as to pIace greater emphasis on professional practice, democracy, transparency, equity, accessibility and community involvement@ @ to communicate to the Minister information, on matters of public importance, acquired by the council in the course of the performance of its functions under this Act.”. 5 10 15 20 25 30 35 Substitution of section 4 of Act 63 of 1982, as amended by section 2 of Act 10 of 1990, section 4 of Act 63 of 1993 and section 5 of Act 40 of 1995 40 - 5 Verify source ↗
The following section 1s hereby substituted for section 4 of the principal Act:
AI-assisted research summary: This section says that section 4 of the principal Act is replaced with a new section titled “General powers of council.”
5. The following section 1s hereby substituted for section 4 of the principal Act: “General [functions] powers of council - 4 Verify source ↗
The council may—
AI-assisted research summary: The council may carry out listed functions, including managing registers, examinations, fees, property, donations, training, and clinic approvals.
4. The council may— (a) (1?) (c) (d) (e) —. ——— publish the contents of the registers: make extracts from the registers upon payment of the prescribed fees: in [accordance with the provisions ofl such circumstances as may be prescribed. or where otherwise authorised by this Act. cause any name to be added to the register or to be removed from the register or, upon payment of the prescribed fees. cause any such name to be restored thereto; in consultation with the relevant professional boar@, appoint examin- —.——.—.—- ers and moderators, conduct examinations and award certificates, and charge the prescribed fees in respect of such examinations and the issue of such certificates; acquire, hire or dispose of property, borrow money against security of the assets of the council, accept any donation or accept and administer any trust; 45 50 55 re~isterecl~rof ession -... —_—— 1 consider imy matter afiectinS tl~e professions and make representa- tions or take such acti.m in corumction therewith as the council may deem necessary: conduct or aman~e courses for the continuing professional deve@~ rnent [supplementary training] of practitioners [and render finan- cial assistance in respect of such courses] and accredit any p rovider to conduct such courses; (gA)approve any clinic established by any practitioner or group of practitioners or uuiversi[y or technikon or other training institution after consultation witjr the relevant professional board; (/7) perform such other functions as may be prescribed; and generally do all such things as it may deem necessary 01- expedient for the purpose of achieving the objects of this Act.”. Substitution of section 5 of’ Act 63 of 1982, as substituted by section 6 of Act 40 of 1995 and amended by section 2 of Act 91 of 1997 and section 2 of Act 6 of 2000 - 6 Verify source ↗
The following section is hereby substituted for section 5 of the principal Act:
AI-assisted research summary: This section replaces the council-composition rule and sets who must sit on the council, how community representatives are appointed, and when member names must be published.
6. The following section is hereby substituted for section 5 of the principal Act: “Constitution of council (i) (ii) (iii) 5. (1) The council shall consist of the following members, namely— —— (a) ten persons elected in the prescribed manner of whom— — one is registered as an acupuncturist and has been elected in the prescribed manner; one is registered as an ayurvedic practitioner and has been elected in the prescribed manner; one is registered as a chiropractor and has been elected in the prescribed manner; one is registered as a homeopath and has been elected in the prescribed manner; one is registered as a naturopath and has been elected in the prescribed manner; one is registered as an osteopath and has been elected in the prescribed manner; (iv) (vi) (v) (vii) one is registered as a phytotherapist and has been elected in the prescribed manner; ~ 10 15 ~fJ 25 30 35 (viii) one is registered as a therapeutic aromatherapist and has been elected in the prescribed manner; (ix) one is registered as a therapeutic massage therapist and has been elected in the prescribed manner; and (x) one is registered as a therapeutic reflexologist and has been 40 elected in the prescribed manner; and (b) six persons appointed by the Minister of whom— (i) one person shall represent the Department of Health; (ii) one person shall be appointed on account of his or her knowledge of the law; and (iii) four persons sha~i be Cotnmunity representatives. (2) The Minister shall appoint the community representatives referred to in subsection (1 )(b)(iii) after the registrar has obtained nominations in the prescribed manner. (3) After the Minister has appointed the community representatives referred to in subsection (1 )(b)(iii), the Minister shall inform the registrar in writing of the names of such community representatives. (4) (a) The community representatives referred to in subsection (1 )(b)(iii) shall be persons who have expertise in the fields of heaith, education and welfare, but who are not registered under this Act. (b) Each of the communi~j representatives appointed to the council by the Minister shall also serve as the community representative on one of the professional boards established in terms of this Act. 45 so ~~ ! .. ).(}. 21s25 /\ct so. 50. 2(100 GO\”F.RS\!ENT (i AZE.”ITF. i DFC13Y!BEK 2W)0 WIR(MWAC’I’ORS lHOKit X)l’.\W$ AND .A1.l [H) F{lM1.”rll SF. F!”\ ’lC’E PROF’ESSI()?;S .SF(-’OND A\ fENr)hlEN1- ACT. >iK)t) (5) ‘l’he names of the Illembtl”s Of the council and the d:ltc Of i commencement of dleir p~~iod of ofhcx sh~l] be published b} the registrar in Ihe Ga:twe m soon m possible :tfter the consti[u[icm of the council. I (6) Subjec[ to the provisions of sec~ion 6. ii member of the cml[-~cil sbali hoid ofiicc for a period of five ye~rs, but shall be eligible for re-election for one more term. (7) Not less than six months prior to the date of expiry of the term of office of the members of dw council. tile persons or bodies referred to in subsection ( 1 ) shall inform the registrar in \vr]ting of the names of the ; persons elected by them in terms of that subsection. (8,) As soon as possible after the process referred to in subsecticm (7). the Minister shall inform the registrar of the names of the persons appointed by the Minister in terms of subsection (1)(b). (9) If any of the persons or bodies referred to in subsection (1) fails to elect a person or persons as required or to inform the registrar in terms of subsection (7) of the names of the persons to be elected by them, the Minister shall make the necessary designation or appointment. and afiy designation or appointment so Itl:lde by the ,Minister shall be deemed to have been pro~erly made in terms of the relevant provision of subsection u:.” . . 5 10 !5 ’20 . .Amendment of section 6 of Act 63 of 1982, as amended by section 7 of Act 40 of 1995 - 7 Verify source ↗
Section 6 of the principal Act is hereby amended by-
AI-assisted research summary: This section amends section 6 of the principal Act.
7. Section 6 of the principal Act is hereby amended by- (u) the substitution for the heading of the following heading: “Disqualification for appointment as member, vacation of otlice by members and tilling of vacancies on council”; 25 (b) the substitution in subsection(1) for paragraph (b) of the following paragraph: “(b) who in terms of this Actor the [Medical, Dental and Supplemen- tary] Health [Set-vice] Professions Act, 1974 (Act No. 56 of 1974), is disqualified from practicing his or her profession;”; (c) the substitution for subsection (2) of the following subsection: “(~) A member of the counci] sha]] vacate his or her office if he or ?)0 she–– ~~ [he] becomes subject to any disqualification contemplated in subsection ( 1); (b) [he] ceases to hold any qualification necessary for his or her 35 appointment; (c) [he] has been absent from more than two consecutive ordinary meetings of the council without the council’s leave; (e) . . — (d) [he] was appointed by the Minister and tenders his or her resignation in writing to the Minister and the Minister accepts his q her resignation; (&A) KS elected by a p rofessional board and tenders his or her—. resi,sznation [o the council and the council accepts his or he~ — resizna~; ~ecomes a patient or [President’s] State patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973): [he] is convicted in the Republic or elsewhere of an offence for which he or she is C;entenced to imprisonment without the option of a fine: or the Minister in the public interest terminates his membership.] becomes impaired to-the extent that he or she is unable to carry out his or her duties as a member of the council.”; and --— (d) the substitution for subsection (3) of the followi~subsection: [ (d L- ( h) ( f) “(3) Any vacancy on rhe council arising from a circumstance refereed tom subsection (2) or caused by the death of a member, shall be filled by appointment [by the Minister of a person in the vacancy, and every member appointed in terms of this subsection shall hold office for the unexpired portion of thfi period of office of the member whose office twcat&e va~ant] or electio~, as the case may be, by’the person or body @ whom and in the manner in which the vacating member was reguked te -——. .— 40 45 50 55 60 I ,\ct No. 50.2000” (-H IF< OPR.4C T“ORS. H(YVEO1’4TH.S .ANI) .4 LI.l EI) HEAI. T1+ SEK\ ICE PROi-l;S.Sl OYS S[:CONI) ,AhllZN1-}M. ENl AC-T. 2000 be appointed or el<ctecl. Jnd CIWY membrr S(I appointed m elected shall .——.—— h o l d office for tiie une~pired portion (~1 the period of otfice of the \’acatinq member.’>. ——.—. _ _ — — - . . — . . . -—.— Substitution of section 7 of Act 63 of 1982 - 8 Verify source ↗
Tbe followin: section IS hereby substituted for section 7 of the principal Act.
AI-assisted research summary: The council must elect a chairperson and vice-chairperson in the prescribed manner. The officeholders may step down without losing council membership, and they may be re-elected for one further term.
8. Tbe followin: section IS hereby substituted for section 7 of the principal Act. “C)flice-hewers 7. ( 1 ) The councii Shall wrriudly, in the prescribed manner. elect a [chairman] chairperscm and [vice-chairman] a vice-chairpersol~. .— (2) The [chairman] -erson or [vice-cha~man] yice-chairperson of the council may vacate his or her office as [chairman] chairperson or [vice-chairman] vice-chail~%on without tel-minating his or hei member- ship of the council. ——.—— —— 5 10 (3) The chairperson and vice-chairp erson may be re-elected for one —— furller term of oflice. ‘“. ——— Substitution of section 10A of .Act 63 of 1982, as inserted by section 5 of Act 63 of 1993 15 - 9 Verify source ↗
The following section is hereby substituted for section 10A of the principal Act:
AI-assisted research summary: The Minister may establish or disestablish professional boards, and the council must consult affected persons before recommending disestablishment or establishment.
9. The following section is hereby substituted for section 10A of the principal Act: “Establishment of professional boards lOA. (1 ) The Minister may, on the recommendation of the council and bv— — . no~ice in the GaJef~e. establish a professional board with rem-d to arw profession in respect of which a register is kept in terms of this ~ct, or wit~ regard to two or more such professions. (2) The Minister may, on the recommendation of the council, disestablish any professional board contemplated in subsection (1), and may establish one or more professional boards in its stead. (3) Before making a recommendation as contemplated in subsection (2), the council shall consult with any body which is or persons who are in the opinion of the council representative of the majority of persons to be affected by such disestablishment or establishment. (4) The Minister may. on the recommendation of the council, make regulations relating to the constitution, functions, functioning and term of ot%ce of members of a professional board. (5) Regulations relating to the constitution, functions and functioning of a professional board shall at least provide for— (a) the majority of the members of a professional board to be elected by the persons registered in the profession in question; one person representing the community who is not registered under this Act, to be appointed to each professional board by the Minister and such person to also serve on the council; the establishment by a professional board of such committees as it may deem necessary, each consisting of as many persons appointed by the pr-ofessionaI board as such professional board may determine, but including at least one member of the board who shall be the chairperson of such committee; the procedure to be followed for the appointment and election, as the case may be, of members of a professional board: the election of a chairperson and vice-chairperson by the members of a professional board and the powers and duties of such a chairperson and vice-chairperson; and the term of office of the members bf a professional board. (b) (c) (d) (e) (f) (6) Any professional board established under ‘this section may make representations to the council for the making. amendlnent or’ withdrawal of aqy regulation or rule which shall apply or applies to such professional board or the profession in respect of which SUCh professional board was established. (7) (u) Subject to p~ragraph (~~), the counci] may delegate to any professional board such of its powers as the council may determine. 20 25 30 35 4(I 45 50 35 .A(l N(). 50. 20:10 [’t; lR(.)PR./\(-”ro RS }I[)\f[-01),4T}[S A;<I) ,41. I.IEI) I{ EA1.TI{ $; F; R\’]CE PR()~F:,:;[(;~,YS SE C<)YI) ,A\f EX:)\l F3NT ACT. ?()()() (II) ‘rhe council slm!l not be divested of my power so dclega[ed ancl Indy ~ :mend or W( aside an~ dec:sion ofti profev;iono] brmd ma~ie in the exerciw I otmy such power.”, Insertion of sections 10B, 10C and 10D in Act 63 of 1982 - 10 Verify source ↗
The following section~ are hereby inserted in the principal Act after seclioo 10A:
AI-assisted research summary: This section sets who may serve on a professional board, when a member must leave office, and what powers and reporting rights the board has.
10. The following section~ are hereby inserted in the principal Act after seclioo 10A: 5 “Disqualification for appointment as member, vacation of office by members and filling of vacancies on professional boards . IOB. ( 1 ) No person wh~—. (a~ is a~unrehabilitated insol\,ent: (b) in [elms of the Hczdth Professions Act, 1974 (Act No. S6 of 1974), is disqualified from prac[ising his or her profession; or (c) is not a South African citizen permanently resident in the Republic. shall be a member of a professional board. (2) A member of a professional board shall vacate his or her oflice if he or she— becomes subject to any disqualification contemplated in subsection (l): ceases to hold any qualii;cation necessary for his or her appointment; has been absent froni more than two consecutive ordinary meetings of the professional board concerned without such professional board’s leave. tenders his or her resignation in writing to the chairperson of the professional board; becomes a patient or State patient as defined in section 1 of the ,Mental Health Act, 1973 (Act No. 18 of 1973); is convicted in :he Repubiic or elsewhere of an offence for which he or she is sentenced to imprisonment without the option of a. fine; or becomes impaired to the extent that he or she is unable to carry out his or her duties as a member of the professional board. (3) Every vacancy on a professional board arising from a circumstance referred to in subsection (2) and every vacancy caused by the death of a ,member, shall be filled as prescribed and every member appointed in terms of this subsection shall hold office for the unexpired portion of the period for which the vacating member was appointed. — — —. objects of professional boards 10C. (1) The objects of a professional board are— (cl) (b) ((’) (d) (t?) to advise the council on any tnatter, fallin~ within the scope of this Act. ~ that relates to any pro~ession falling- within the ambit of the professional board, in order to support the universal norms and values of the profession, with emphasis on professional practice, democracy, transparency, equity. accessibility and community involvement; to consult and liaise with other professional boards on matters affecting the professional board: to ad\ise the council in respect of all matters affecting the training of persons in, and the manner of the exercise of the practices pursued in connection wiih. any profession falling within the ambit of the professional board; to promote liaison in the field of education and training contemplated in paragraph (c) and to promote the standards of such training in the Republic and elsewhere; to communicate to the council information, on matters of public importance, acquired by the professional board in the course of the performance of its functions under this Act; 10 15 Z() 7J 30 35 40 45 50 Act No, 5(L 20(10 C141}{(’)1’RACI”ORS. }I()$!E()I’,XJHS ,ANII ,JI.I.IED FIE:\l:TH S’ERV ICE PROH3S!L). N S SECONO .\\l Eh’DMtiNT ACT 2000 (f) to maintain mcl erihance the {iignity of the profession wld the integrity ! of the persons prlactising the ptmfession: and ~y) to stride the ~rofession and !o~~~ct [he public. . - . — — —. —- Powers of professional board 10 D.&~ofessional board may–- —. (a) in such circumstances as may be prescribed, recommend to the cou~ci] that any name be removed from a register or, upon payment of the prescribed fee, that such name be restored thereto, or that a registered person be suspended from practicing his or her profession pending the institution of an inquiry in terms of section 23; .5 10 f/Ji recommend to the council the appointment of examiners and moderators; (c) conduct examinations and grant certificates, and charge such fees in respect of such examinations or certificates as may be prescribed; (d) subject to prescribed conditions, approval of training schools: recommend to the council the 15 (e) report to the council on any matter affecting the profession in respect of which such professional board has been established and on any 1 matter referred to it by the council: Provided that when such a report is considered by the council, the chairperson of the professional board concerned shall-- (i) be present or be represented at the meeting at which such report is considered by the council: (ii) have the right to address the council concerning any matter dealt with in such report; (iii) have the right to vote if any vote is taken at such meeting in respect of such matter; and (iv) have all the rights and duties of a member of the council attending such meeting; @ make representations to, or by the mediation of, the council for the making, amendment or withdrawal of any regulation or rule which applies to such professional board or the profession in respect of which such professional board was established; (g) perform such other function as maybe prescribed; and generally. do all such things as the professional board deems necessary or expedient to achieve the objects of this Act in relation to a profession falling within the ambit of the professional board.”. —.—— — — —. Amendment of section 11 of Act 63 of 1982 - 11 Verify source ↗
Section 11 of the principal Act is hereby amended by—
AI-assisted research summary: The registrar must serve as secretary to the council and professional boards, may be authorized in writing to delegate powers or duties to staff, and the registrar and staff must not be registered in professions regulated by the Act.
11. Section 11 of the principal Act is hereby amended by— (u) the substitution for subsection (2) of the following subsection: “(2) The registrar shall act as secretary to the council and to each @ssional board and shall in that capacity perform, in addition to such functions as may otherwise be assigned to him or her by or under this Act, such functions as may from time to time be assigned to him or her —.— . by the council.”; and (b) the addition of the fol Iowing subsections: —. professio~s regulated by this Act. “(3) The registrar and staff members shall not be persons registered in 1 {4) The registrar may in writing authorise any member of his or ber staff t~ exercise any power m perform any duty conferred or imposed on him’ or her by or in terms of this Act. —— 20 25 30 35 40 45 50 (5) The appointment or dismissal of the registrar shall be subject to the approval of the Minister.”.—. Arnendnlent of section 12 of Act 63 of 1982 - 12 Verify source ↗
Section 12 of the principal Act is hereby amended by the addition of the following 55
AI-assisted research summary: The council may give financial grants to a professional board in limited cases, and all professional boards must send audited income and expenditure statements to the council every year.
12. Section 12 of the principal Act is hereby amended by the addition of the following 55 subsections: .,(1 ,X(). : 1s.:5 Act so. 50,2000 cK)\ l;l<\\lEN rG:\zETT[.. I Dlm’.MnER 2(’)(10 ———..—— ..—.——...——. ..— Ctf IROPRACTORS. HohlEOP/\lHS,- lN!)” 41. I. IIZI)llI-:Al;rli SER\JIC’F? PROFESSIONS SE(:ONI; .\ NfENDMENT ACT. 2000 “(3) The council mav make tjnancial ,~r.mts from its own funds [o assist in the .—— . . —— financial operation of a professional board if it is convinced that such a professional / board c~tlnot be adequa[e]y financed by i[s rqi>tered practitioners. ___--_—..~—.—. — —- .— I (-t) All rmofessional boards shall submit Judited income and experidi:ure — -.. state ment~ io the council on an annual b:isis.’”. . —. _ — . ._ Amendment of section 15 of Act 63 of 19%2, as substituted by section 6 of Act 63 of 1993 - 13 Verify source ↗
Section 15 of the principal Act is hereby amended by—
AI-assisted research summary: This section changes the registration process for allied health profession practitioners and adds rules for registering extra qualifications or specialities.
13. Section 15 of the principal Act is hereby amended by— (a) the substitution in subsection (1) for the words preceding paragraph (a) of the followin~ words: “A~y person who desires to be registered as a [chiropractor, homeo- path or] practitioner of an allied heulth [service] profession in terms of this Act, shall in the prescribed manner apply to the courrcil for registration, and such application shall be accompanied by-—”; substitution for subsection (3) of the following subsections: (b) the s ?0 15 -— “(3) [If the council after consideration ofl The council may re~~ the relevant professional board to consider an application in terms of ~ubsection (1) and if after such investigation and enquiries as [it] the relevant professional board may deem necessary, L is satisfied that ~~ applicant concerned may be registered in terms of this Act, [it] such 20 professional board shall [approve the] recommend to council th~ approval of such a~ application. (3A) If the council is satisfied that an applicant mav be registered in terms of the Act, it shall approve the application and the registrar shall thereupon register the applicant by— (a) issuing an appropriate certificate of registration to him ~; and (b) entering the prescribed particular in respect of him or her in the —. appropriate register.”; 25 (c) t he substitution for subsection (5) of the following subsection: “(5) Any person who is registered or deemed to be registered in terms 30 of this Act shall, in the practice of his or her profession, only state particulars of those degrees, diplomas or certificates entered in the appropriate register against his or her name and any other qualification recommended b@e professional board and approved by the council.”; and — . .— 35 (d) the addition of the following subsection: “(7) Every person who desires to have a qualification registered, other than the qualification by virtue of which he or she has in the first instance been registered, or to have a speciality registered, shall, upon payment of the prescribed fee and subject to the provisions of subsection (2), be 40 entitled to have such other qualification or such speciality entered in the register.”. Substitution of section 16 of Act 63 of 1982, as inserted by section 7 of Act 63 of 1993 - 14 Verify source ↗
The following section is hereby substituted for section 16 of the principal Act:
AI-assisted research summary: The Minister, on council request, can extend this Act to certain health-related professions, set scope rules for allied health professions, and regulate medicine access; registered dispensing practitioners may compound or dispense medicine but not run an open shop or pharmacy.
14. The following section is hereby substituted for section 16 of the principal Act: “Allied health [service] professions 16. ( 1 ) The Minister may, at the request of the council. by notice in the Gazcrre declare the provisions of this Act to be applicable to any profession which has as its object the promotion of health. or”the treatment, prevention or relief of physical or mental d~ects, illnesses or deficiencies in [man] humans, excluding [the profession of a chiropractor or homeopath or] =fes.sion referred to in subsection (1A) or any~rofession to which the provisions of th~~m~c~~ct, 1974 (Act No. 53-of 1974), the [Medical, Dental ‘and Supplementary] Health [Service] Professions Act, 1974 (Act 45 50 . . . .._ — — — . — . . . . . . — — —. ,s,1. 21s-~ Lie\” ERN\:fl\”T GWi:’l-FE, I l; I: Cli\$llE.R 2(!00 4CI N{). 50.2000 HONIF.OP.\l; lS ANI) .-\ I. I.[ELI llt:tl~ Tll CHIR(JPR.4CIWRS. SERVICE PROFE$SIOSS SECOXr) ,A\l ENl>\lEXT >\CT 200’.!” No. 56 of 1974). the Ntrr$ing Act. 1978 (Acl No. -So Of 1978). or the DL’J1!u1 Tecr~nicians Act. 1979 (Act No. [9 of 1979). apply. ( 1 A ) The p r o f e s s i o n s CXC]Ll&d in term of subsection [ i ) are the ———— —. pr~~essions of- —“”–q (a) (i?) (c) ayut’veda. chiropractic and homoeopurhy: na~urop~[hy. osteopathy and phytothempy, for which profcssiona ! registers sh:i)] be re.established wi(h et~ect from the date of com- mencement of the Chiropractors. Homeopaths and Allied Health Service Professions Second Amendment Act. 2000: and Chinese medicine and acupuncture. therapeutic aromatheram’. the~a- peutic massaSe therapy ‘and therapeutic reflexology, for which professional registers shall be established with effect frmrn the date of commencement of rhe Chiropractors. Homeopaths ond Allied Health Service Professions Second Amendment Act. 2000. . . (~) The Minister may, on the recomtnendation of the council. bY regulation define the scope of any allied health [service] profession by specifying the acts which shall for the purposes of the application of this Act be deemed to be acts pertaimng to that profession: Provided that such regulation shall not be made unless the professional board concerned which has been established in terms of section 10A[(3)] in respect of any allied health [service] profession and may in the opinion of the Minister be affected by such regulation, has been given an opportunity of submitting, through the council. representzztions as to the definition of the scope of the profession concerned: Provided further that if there is a difference of opinion between the council and such professional board as to the definition of the scope of the profession concerned, the council shall mention such fact in its ;ecomme;dation. (3) Subject to the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965), and subject to the approval of the Medicines Control Council, che Minister may, on the recommendation of the council, by regulation prescribe access to and availability of medicines relative to the professions registered in terms of this Act. (4) (a) Subject to the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965). every practitioner whose name has been entered in the register of dispensing practitioners contemplated in paragraph (b) may. on such conditions as the council, after consultation ~,ith the relevant professions] boar-d, may determine in writing, in genera] or in a particular case, compound or dispense medicine prescribed by himself or herself or by any other practitioner with whom he or she is in partnership or with whom he or she is associated as principal or assistant or Iocum rel~ens, for use by a patient under treatment by such practitioner or such other practitioner: Pro\7ided that he or she may not keep an open shc~p or pharmacy. (b) The registrar shall keep a register of practitioners who have the right in terms of this section to dispense scheduled substances and shall, at the direction of the council, enter in the register the name of a practitioner and such other particulars as the council may determine if the practitioner- (i) within three months after the commencement of the Chiropractors. Homeopaths and Allied Health Service Professions Second Amend - ment Act, 2000, submits proof to the satisfaction of the registrar that immediately before such commencement date he or she compounded or dispensed medicine as contemplated in paragraph (a) in the practice of his or her profession; or (ii) infornls the registrar in the prescribed manner of his or her intention to compound or dispense medicine in the practice of his or her profession as contemplated in paragraph (a). (5) The council may, after an investigation conducted by the council into the activities of a practitioner with regard to the compounding or dispensing of medicine and in Consultatioil with the relevant professional board. direct 5 I o 30 35 40 45 50 55 , id No. 50. moo C1{IROPRA(’TOR.’5 HON![X}PW’HS .ASl? ,-\l_L!El> HEAI Tl{ SF7R\’lCE PROI%S!S1ONS !jEC()!i I> ,\kl EXD\lI;.N r ACT. 200(1” [lm[ the name of any person be removed from the rcgi\ter con(empla(cd in subsection (4)(/)), or prohibit hlm or her for a speciiic period from nl~hing LISC of the right contemplated in subsection (~). (6) The council may b;’ regul~tion demmine fees to be paid for the entering or re-entming of’ a name in tile register contemplated in subsection (4)(/2).”’. Substitution of section 16A of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 and amended by section 93 of Act 88 of 1996 - 15 Verify source ↗
The following section is hereby substituted for section 16A of the principal Act:
AI-assisted research summary: Education or training for allied health professions may not be offered unless the council approves it after the relevant board’s consideration; applicants must apply in writing and provide required details.
15. The following section is hereby substituted for section 16A of the principal Act: “Control over training 16A. (1) Notwithstanding anything to the contrary in any law contained. no person or educational institution [excluding a university or technikon established by or under an Act of Parliament] shall offer or provide any education or training [which is intended to qualify any person for the practicing of any] in any allied health profession to which the provisions of this Act apply. unless such education or training has been considered by the relevant professional board and approved by the council after considering a—— recommendation by the relevant board. (2) Any person or institution wishi~g to offer or to provide the education or training referred to in sub~ction ( 1 ) shall, before offerin~ or providing such education or training. apply to the council in writing for Its approval of such education or training and shall furnish such particulars regarding such education or training as the council may require. (3) The council may, after consultation with the relevant professional board, grant or refuse any application made in terms of subsection (2) and may, if it has grdnted such application, prescribe such conditions and requirements as it may deem fit subject to which the education and training in question may be provided. (4) The coun~il m~y appoint a person to attend examinations in respect of any allied health profession regulated by or under this Act which are being conducted by a person or institution whose app Iication has been approved by the council in terms of subsection (3). (5) Any person who contravenes or fails to comply with any provision of this section. or any condition or requirement prescribed thereunder. shall be guilty of an offence and liable on conviction to a fine [not exceeding two thousand rand] or to imprisonment for a period not exceeding six months or to both [such] q fine and such imprisonment.”. 5 10 15 20 25 30 35 Substitution of section 16B of Act 63 of 1982, as substituted by section 8 of Act 63 of 1993 - 16 Verify source ↗
The following section is hereby substituted for section 16B of the principal Ac[:
AI-assisted research summary: The Minister may prescribe certain qualifications for registration, but only on the council’s recommendation and subject to conditions for foreign qualifications.
16. The following section is hereby substituted for section 16B of the principal Ac[: 40 “Prescribing of qualifications 16B. (1) Subject to the provisions of subsection (2), the Minister may from time to time, on the recommendation of the council, prescribe the qualifications obtained by virtue of examinations conducted by [a university or other] an educational institution or examining authority which, when held singl~ofintly with any other qualification, [shall] w entitle any holder thereof to registration under this Act as a [chiropractor, homeopath or] practitioner of an allied health [service] profession, [as the case may be,] if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed: Provided that if a —— 45 50 ,ict N(). so. 2000 Cl{ IROPR,\CT(>RS, HO\l EOfJATHS AND .41 1.1[:[) Hl:..\l TH SERVICE PRC~FESSION’.S SEC()\-D .A\lEXllhlLN I_ ACT 20(X) ——-— ——..—— ——. profession~l board has been established in lerms 01 section IOA( I& council mus[ first consul[ the relevant professional board before rnakinz a t-ecommendation to the lMinisier re];i[in~ to a qufilification to be prescribed. (2) No qualification obtained by virtue of examinations conducted by [a university or other] an educational institution w examining authority situated outside the Republic shall be prescribed under this section un]ess—- such qualification entitles the holder thereof to practise as a [chiropractor, homeopath or] practitioner of an allied health [servicel profession. [as the case may be,l in the country or state in which such [university or other] educational institution or examining authority is situated; and the council is satisfied~~t possession of such qualification indicates a standard of professional training @ lower thwt that prescribed in respect of the training of [chiropractors, homeopaths or] practitio- ners of allied health [service] professions within the Republic. -. Amendment of section 16C of Act 63 of 1982, as substituted by section 9 of Act 63 of 1993 and amended by section 8 of Act 40 of 1995 - 17 Verify source ↗
Section 16C of the principal Act is hereby amended by—
AI-assisted research summary: The council may accept and register certain qualifications for allied health professions, but must consult the relevant professional board before recommending a qualification to the Minister when a board exists.
17. Section 16C of the principal Act is hereby amended by— (a) the substitution for subsections (l) and (2) of the following subsections. respectively: (1) The council may accept a qualification other than a qualification refereed to in section 16B, for the purpose of registration under this subsection, if such qualification, in the opinion of the council, indicates a satisfactory standard of professional education, and may, subject to the provisions of [subsections] subsection (2) [and (3)] and section 15(1) and (2), register any person as a [chiropractor, homeopath or] practitioner of an allied health [service] profession who possesses such qualification and who, in the opinion of the council, possesses sufficient professional knowledge and ability and is proficient in at least one of the official languages of the Republic: Provided that if a professional board has been established in terms of section 10A(1), the council must first consult the relevant professional board before making a recommendation to the Minister relating to a qualification to be prescribed. (2) A person [referred to in] who has been granted temporary registration in terms of subsection (1), may only practise as a [chiropractor, homeopath or] practitioner of an allied health [service] profession [as the case may be] as prescribed— (a) for such period or periods as the council may determine; [and before the expiration of which he shall satisfy the council that— (ii) he is conversant with the laws of the Republic relating to chiropractic, homeopathy or the practice of an allied health service profession and the practicing of the profes- sion of a chiropractor or homeopath or an allied health service profession, as the case may be] and [(c)]&) subject to suckconditions as the council may d=ermine. ”; and (b) the deletion of subsection (5). Amendment of section 16D of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 - 18 Verify source ↗
Section 16D of the principal Act is hereby amended by the substitution for
AI-assisted research summary: A person commits an offence if they prevent or hinder an authorised person from entering premises or making an investigation under subsection (1).
18. Section 16D of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Any person who prevents any person authorised in lerms of subsection (1) from entering any institution or premises referred to in that subsection or who 5 10 15 20 25 30 35 40 45 50 I I ,\c’t N(L 50. 200(} CHIROPRACTORS. HONll;OPiTHS ANO .4[.1.IE[> HIA1.TI1 SERVICF PROF”ESSIOXS SECOND ,4\ fEXohJEXT ACT. JO(K) h i n d e r s hinl m he~ in [he rnakio~ t h e r e i n o r t h e r e o n o f any investig~tion contemplated in that subsection. shall be guilty ot’ an offence and liable on con\ ’iction to a fine [not exceeding R1OO] (V 10 imprisonment for a period not — . . exccedin~ six months or to both a fine ai~d such imprisonment,”. —— .— Amendment of section 16E of Act 63 of 1982, as substituted by section 10 of Act 63 5 of 1993. - 19 Verify source ↗
Section 16E of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The council may register certain non-resident persons to provide education or training in an allied health profession, after consulting the relevant professional board.
19. Section 16E of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) For [the] pu~oses of promoting education or training in [chiropractic, homeopathy or] any allied health [service] profession to which this Act applies, the council may, after consultation with the relevant professional board and notwithstanding the provisions of this Act, register any person not permanently resident within the Republic in the profession in which he or she gives education or training, for such period as the council may determine.”. 10 Amendment of’ section 18 of Act 63 of 1982, as substituted by section 12 of Act 63 15 of 1993 - 20 Verify source ↗
Section 18 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: A person enrolling as a student in an allied health profession must apply in writing to the council for registration as a student, with the prescribed details and registration fee.
20. Section 18 of the principal Act is hereby amended by the substitution for subsection (1) of the fol[owing subsection: “(1 ) Any person who [desires to be registered] enrols as a student in [chiropractic, homeopathy or] an allied health [service] profession shall in 20 writing apply [therefor] to the council for registration as a student, and such application shall be accompanied by the prescribed particulars and registration fee.”. Insertion of section 19 in Act 63 of 1982 - 21 Verify source ↗
The following section is hereby inserted in the principal Act after section 18: 25
AI-assisted research summary: People who qualify to register as allied health practitioners and want to practise in the Republic must apply to the council; interns must complete the prescribed internship before practitioner registration.
21. The following section is hereby inserted in the principal Act after section 18: 25 “Registration of interns 19. (1) Any person who has obtained a qualification which entilles him or her to register as a practitioner of an allied health profession under this Act after the Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act, 2000, commences and who wishes to practise such profession in the Republic, shall apply to the council for registration in the prescribed manner. (2) (a) A person who has applied for registration in terms of subsection (1) may, on the recommendation of the relevant professional board, be registered by the council as an intern. ‘(b) An intern must complete a prescribed internship programme before he or she may be registered as a practitioner of the profession in question. (3) The council may, after consultation with the relevant professional board. register a person who has not yet graduated as a student intern and may permit such student to commence with a prescribed internship programme. (4) No person maybe registered by the council m a practitioner unless he or she has graduated and has completed the prescribed internship. (5) The duration. requirements, conditions and rules pertaining to an internship are as prescribed.”. Amendment of section 21 of Act 63 of 1982, as amended by section 10 of Act 108 of 1985 and section 13 of Act 63 of 1993 - 22 Verify source ↗
Section 21 of the principal Act is hereby amended by—
AI-assisted research summary: This section amends Section 21 and adds a rule stopping the council from ordering a person’s name removed from a register unless it has consulted the relevant professional board.
22. Section 21 of the principal Act is hereby amended by— (a) the addition in subsection(1) of the word “or” at the end of paragraph (~) and the addition to the said subsection of the following paragraph: practise the pr_@ession for which he or — - —. “&) is unable for any reason to she is registered in terms of this Act.”; and .—.—— — . .. 30 35 40 45 50 . .u~ x(, J[ X?f ____ ._ —--- .—-z {.io\’ERSh!F\”T G,-W. TTF., I l) ME\l BEJt .?()(!() Ad N(). 50.2000 C H I R O P R A C T O R S , HOLft;[)P.\[’f{S <Nrl 4LI Ill) HL41. TH SERVICE PROFESSIONS SF:(”’OXD ,\\ll.XI)~.lF:\T A.(’T ?()()() (b) [hi: substitution for subsection { 5 J c,f the !“o!low Ing subsection: (5) The council shail not undel sJimection ( 1 J instruct tba[ the nanw o!’ any person be removed from any register kept under section [15(3 )(b)j 14 unless the council !ms ~onsuitd with the ix’ofkssiortal board [(if any)] e~tablished in respect of the pl-ofession concerned.’”. 5 .&wndment of section 23 of Act 63 of 1982, as substituted by section 14 of Act 63 of 1993 - 23 Verify source ↗
Section 23 of the principal Act is hereby amended by—
AI-assisted research summary: The council and professional board can handle complaints about unprofessional conduct against allied health practitioners, including inquiries, investigation, and penalties.
23. Section 23 of the principal Act is hereby amended by— (a) the substitution for subsection ( 1 ) of the following subsections: “(1 ) The council may, in respect of [chiropractors or homeopaths, 10 and a professional board may in the case of’ a practitioner practicing an associated health service profession in respect of which such professional board has been established] a practitioner registered in any allied health profession in terms of this Act, institute an inquiry into any written complaint, charge or allegation of [improper or disgrace- 15 ful] unprofessional conduct against [any] such practitioner [and]. (1A) The council ma~ refer allegations of conduct referred to in subsection ( 1 ) to the relevant professional board and delegate to such board the power to investigate such complaint and to hold an inquiry in the prescribed manner. (1 B) When requested to hold an inquiry, the professional board in question must seek information from any person, including the practi- tioner against whom the complaint, charge or allegation was lodged and must investi~ate the matter fully before holding an inquiry. 1 (1 C) The-council or the p ~ofessional boa~d may, on finding the practitioner concerned guilty of such conduct, in the case of the council. impose any of the penalties referred to in section 24(1) or, in the case of a professional board, recommend the imposition of any such penalty in terms of subsection (3): Provided that in the case of a complaint, charge or allegation which forms or is likely to form the subject of criminal proceedings, the council or the professional board concerned, as the case may be, may postpone the holding of an inquiry until those proceedin~s have been disposed of.”; and (b) the substitution for subsection (3) of the following subsection: (3) If a professional board holding an inquiry under this section, finds the person charged guilty of [improper or disgraceful] unprofessional .— conduct or of conduct which in consideration of the profession in respect of which that person is registered, is [improper or disgraceful] unprofessional, it shall note its finding and inform such person thereof, and shall at the same time inform such person of the penalty the imposition of which it intends to recommend to the council, and it shall be~ore the next ensuing meeting of the council submit to the council the minutes of the proceedings at the inquiry together with the recommen- dation concerning a proper penalty. Amendment of section 24 of Act 63 of 1982, as amended by section 12 of Act 108 of 1985 and section 15 of Act 63 of 1993 - 24 Verify source ↗
Section 24 of the principal Act is hereby amended by—
AI-assisted research summary: This section amends disciplinary rules so the council or professional board can run inquiries, summon evidence, and use assessors, while a summoned person keeps witness privileges and fines are tied to the prescribed amount.
24. Section 24 of the principal Act is hereby amended by— (a) the substitution in subsection(1) for the words precedin~ paragraph (a) of the following words: “Any practitioner who after the holding of an inquiry referred to in section 23( 1 ) is found guilty of [improper or disgraceful] unprofes- sional conduct or of conduct which in consideration of any profession in —. respect of which that practitioner is registered. is [improper or disgraceful] ~ofessional shall be liable to one or other of the -—. - .——, following penalties, namely-–”; (b) the substltut]on in subsection (1) for paragraph [d) of the following paragraph: ~~ 25 30 35 40 45 50 55 . Act No. 50.2000 CHIROPRACTORS. HC))>IE(.)IMTHS .AND A[.1.IED HI: A1.TtH SERVICE PROFESSI(”)NS SECONJ.) .A\WSDMENT AC’t 20[)() —- . “(d) a fine not exceedin: [R1O 000] the prescribed amount.”; (c) the substitution in subsection (3) for parfigr~ll (([) of the following paragraph: “(a) The council. or any commi[tee of’ the council, or ~ professional board. where any such committee =ofessional board holds an inquiry under powers delegated to it by the council, may for [the] purposes of any such inquiry take evidence and may, under the hand of the [chairman] chairperson of the council or the [chairman] chairperson of any such committee or board or the secretary of the council, summon any witness and require the production of any book, record, document or article. and may through the [chairman] chairperson concerned admin- ister the oath to or accept an affirmation from any witness, and may examine any book, record, document or article which a witness has been so required to produce.”; (d) the substitution in subsection (3)(c) for the proviso of the following proviso: “: Provided that a person so summoned shaI1 be entitled to all the privileges to which a witness subpoenaed to give evidence before a provincial division of the [Supreme] ~ Court is entitled.”; (e) the substitution for subsection (4) of the following subsection: (4) The [chairman] chairperson of the council, where the council itself holds any such inquiry, or the [chairman] chairperson of any professional board, or committee of the council, holding any such inquiry, may appoint a person with adequate experience in the administration of justice as an assessor at the inquiry to advise the council, the professional board or the committee concerned, as the case may be, on matters of law. procedure or evidence.”; (~) the substitution in subsection (7) for paragraph (a) of the following paragraph: “(a) terminate any suspension imposed under subsection (1)(b) before the expiry of the specified period; and”; and (g) the substitution for subsection (9) of the foll~ng subsection: (9) If any person registered in terms of this Act is alleged to be guilty of [improper or disgraceful] unprofessional conduct or conduct which, in consideration of the profession in respect of which that person is registered, is [improper or disgraceful] unprofessional, and the council or a professional board is of the opinion that on conviction after an inquiry under section 23, a fine not exceeding [R2 500] the prescribed amount shall be imposed on him ~, the council or professional board may issue a summons as prescribed against such person upon which an endorsement is made by the council or a professional board that such person may admit that he or she is guilty of the said conduct and that he or she may pay the fine stipulated.”. Amendment of section 29 of Act 63 of 1982, as substituted by section IS of Act 63 of 1993 - 25 Verify source ↗
Section 29 of the principal Act is hereby amended by the substitution in subsection
AI-assisted research summary: A rule about an allied health profession may be made only after consulting the relevant professional board, if any.
25. Section 29 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: “(b) Any rule contemplated in paragraph (a) referring to an allied health [service] profession shall only be made after consultation with the professional board concerned [(if any)].”. Amendment of section 30 of Act 63 of 1982, as substituted by section 17 of Act 108 of 1985 - 26 Verify source ↗
Section 30 of the principal Act is hereby amended by—
AI-assisted research summary: The council must investigate the matter and may refer it to the relevant professional board for an inquiry if it thinks necessary.
26. Section 30 of the principal Act is hereby amended by— (a) the substitution in subsection(1) for the words following paragraph (b) of the following words: “the council shall cause the matter to be investigated and may, if it deems it necessary. refer it to the relevant professional board to hold an inquiry in respect of that practitioner murcli$ mu~andis in accordance with the ‘provisions of section 24 and the regu~atl~ns made under section 38(l)(q).”; ———— 5 10 15 Z() 25 30 35 40 45 50 55 . u N(!, 218?5 —-— G()\’EP. N\fEP:TGAZE~E. I DECEMB!3R 2(KI~) —- —..———.— . . ..—..— -————— Act N(). 50.2000 CHIR[)I’RACTORS, SF. I<VICE PROFESSIONS” SECOND AK{ ENDME?:T ACT. 2000” !iC)h’E(>t?%THS AYD .ALI.IEi) HE,ALIH (b,J the substitution in subsection (2) for the worcis preceding paragraph (al of’ the following words: “If the council ~ofessiorial bogd in question. after holding an inquiry under subsection ( I), finds that any circumstance referred to in that subsection exists in respect of the practitioner concerned. [it] the council _——.— may by order—”’: and (c) the substitution for subsection (6) of the following subsection: “(6) Any practitioner w}m contravenes or fails to comply with any order made under subsection (2). shall be guilty of an offence and on conviction liable to a fine not exceeding [R1OO] the prescribed amount.’”. Substitution of section 31 of Act 63 of 1982, as amended by section 18 of Act 108 of 1985 and section 19 of Act 63 of 1993 - 27 Verify source ↗
The following section is hereby substituted for section 31 of the principal Act:
AI-assisted research summary: Unregistered people may not practise a profession for gain, hold themselves out as practitioners, or use protected professional titles; breach can lead to a fine or up to six months’ imprisonment.
27. The following section is hereby substituted for section 31 of the principal Act: “Of fences by unregistered persons, and penalties 31. (1) Subject to the provisions of subsection (2) of this section and section 41, any person who is not registered as a practitioner in a particular profession and who— (a) for gain practises any such profession; (b) for gain performs any act specially pertaining to any such profession; (c) pretends, or by any means whatsoever holds himself or herself out, to be any such practitioner, whether or not purporting to be registered; g: (d) uses the title of acupuncturist, avurvedic practitioner, chiropractor, homeopath, naturopath, osteopath, [herbalist or an allied health service profession] phytotherapist, therapeutic aromatherapist, thera- peutic massage therapist, therapeutic reflexologist or of any other profession registered in terms of this Act, or any other title or any name, description or symbol indicating, or calculated to lead persons to infer, that he or she holds the [qualifications] qualification of [a] chiropractor, homeopath, acupuncturist, practitioner, naturopath, osteopath, [or herbalist or an allied health service profession] phytotherapist, therapeutic aromatherapist, therapeut ic massage therapist, therapeutic reflexologist or of any other profession registered in terms of this Act, ayurveda shall be guilty of an offence and on conviction liable to a fine [not exceeding R500] or to imprisonment for a period not exceeding six months or to both [that] ~ fine and [that] such imprisonment. (2) The provisions of subsection (1) shall not prohibit— (a) (b) any person exercising a profession to which the provisions of the Pharmacy Act, 1974 (Act No. 53 of 1974), the [Medical, Dental and Supplementary] Health [Service] Professions Act, 1974 (Act No. 56 of 1974), the Nursing Act, 1978 (Act No. 50 of 1978), or the Dental Technicians Act, 1979 (Act No. 19 of 1979). apply, from performing any act pertaining to his or her profession, as contemplated in the appropriate Act, which may lawfully be performed by him ~; a [chiropractor or homeopath ofl practitioner in any allied health profession from performing any act pertaining to an allied health [service] profession, if such act is an act which also pertains to the profession [of a chiropractor or homeopath, as the case may be] for— which the practitioner is registered in terms of this Act. .— (3) The council m=y, in addition to any penalty imposed in terms of this—— section, order that the cost of conducting the inquiry or such portion of the inquiry as the council may determine, shall be paid by the practitioner concerned. 5 10 15 20 25 30 35 40 45 50 Act NO. 50. 2(MN CI{IRC)PR.AC1’ORS. ;IONIFC)PATI{S ANr! \I [ Iki) t{I-/,I.”Tlt SER~/lCE PRL)IF:SSIOS$ $H’OX:J ,:?.l EFi[}\ll;N’! ‘,(’T 2(KI[) (4) The il!qwsition of.~ ~)~ilalt~ s!uill hii.,c the efl’etl of ~ ciIii judgmcn[ of the magistrate’s court of !!IL ciis~ri~.t iv !v!lich tile disciplinary inquiry toc~clce. ”. Amendment of section 32 of Act 63 of 1982, as amenclecl b! section 20 of Act 63 of 1993 5 - 28 Verify source ↗
Section 32 of the principal Act is hereby amended by–-
AI-assisted research summary: This section says an unregistered practitioner or student may not present themselves as a medical practitioner, use that title, or do work outside their prescribed scope of practice.
28. Section 32 of the principal Act is hereby amended by–- (a,J the substitution for subsection (1 ) of the follGwJing subsection: “(l_) A practitioner m a student who is not re~isfered as a medical ——.— _—~ practitioner in terms of the Health Professions Act. 1974 (,4ct No. 56 of 1974), mav not-- ((7) prete~d, or by any means wh:itsoever hold himself or herself out. to I be a medical practitioner, or make use of the tide of medical I practitioner or any other title or any name, description or symbol indicating, or calculated to lead persons to infer, that he or she ho!ds the qualifications of a medical practitioner; or perform any act which do?s not fall within his or her prescribed ~e of practice.”: 1 (h) (b) the substitution for subsection (2) of the foIlowing subsection: “(2) A practitioner or student who con~ravenes any provision of subsection (l), shall be guilty of an offence and on conviction liable to a fine [not exceeding R500] or to imprisonment for a period not exceeding six months or to both [that] a fine and [that] such imprisonment,”; and (c) the deletion of subsection (4). - Insertion of section 32A in Act 63 of 1982 10 15 20 - 29 Verify source ↗
The following section is hereby inserted after section 32 of the principal Act:
AI-assisted research summary: This provision inserts a new section titled “Other offences, and penalties” after section 32 of the principal Act.
29. The following section is hereby inserted after section 32 of the principal Act: 25 “Other offences, and penalties - 32A Verify source ↗
Any person_who--
AI-assisted research summary: Any person who does the listed acts in section 32A commits an offence and may be fined or imprisoned for up to one year.
32A. Any person_who-- (a) (b) (c) (d) (e) v) procures or attempts to procure for himself or herself or any other person registered under this Act, any certificate, order or prescription referred to in this Act by means of a false representation, whether verbally or in writing, or aids or abets any person in doing so; makes or causes to be made any unauthorised entry or alteration in or removal from a register or certified copy thereof or extract therefrom or on any certificate issued under this Act; wilfully destroys or damages or renders illegible or causes to be destroyed, damaged or rendered illegible any entry in the register or, without the permission of the holder thereof, any certificate issued under this Act; forges or. knowing it to be forged, utters any document purporting to be a certificate issued under this Act: pretends to be a person registered in terms of this Act: or supplies or offers to supply to any person not registered under this Act, the Health Professions Act, 1974 (Act No. 56 of 1974), or the Nursing Act. 1978 (Act No. 50 of 1978), any instrument or appliance which can be used, or is claimed to be effective, for the purpose of diagnosing. treating or preventing physical or mental defects, illnesses or deficiencies in man, knowing that such instrument or appliance will be used by such unregistered person for the purpose of performing for gain an act which such unregistered person is in terms of the provisions of this Act or the Health Professions Act, 1974, or Nursing Act, 1978, prohibited from performing for gain, 30 35 40 45 50 shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding one year or to both a fine and such i m~sonment. ”. ---- --.——— ,? s N{), 21 S?.$ -—.—-—— — — —. (;ovEKjNMk N-1” GA7.ETTI:, I I) FcEMi3r3R 2000 ..———— . . — .— Act No. 50, 2000 CHl170PR.4CT0RS. SER\’lCE PROI:ESSIONS SFCONIJ ALIEX![)41FY r ACT, 2000 HOLIEOPAT}l.S” .AND +1.1.11:1> HE.kl .TH Amendment of section 33 of Act 63 of 1WK2. as substituted by section 19 of’ Act 108 of 1985 - 30 Verify source ↗
Section 33 of the principal Act is here!>y alnendec[ by the substitution f(or
AI-assisted research summary: This section amends section 33 of the principal Act by replacing paragraph (c) with wording about annual fees.
30. Section 33 of the principal Act is here!>y alnendec[ by the substitution f(or paragraph (r) of the following paragraph: “(c) in respect of annual fees: and”. — Amendment of section 35 of Act 63 of 1982 5 - 31 Verify source ↗
Section 35 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: If someone is charged with a contravention and relies on a claim about an act usually done by the relevant profession at commencement, the person making that claim must prove it.
31. Section 35 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) When any person is charged with a contravention of any provision of the [Medical Dental and Supplementary’] Health [Service] Professions Act, 1974 10 (Act No. 56 of 1974), and it is alleged that any act was at the commencement of this Act usually performed by persons who practise any profession to which this Act relates in the Republic, the onus of proving it shall be on the person alleging it.”. Substitution of section 36 of Act 63 of 1982 - 32 Verify source ↗
The following section is hereby substituted for section 36 of the principal Act: 15
AI-assisted research summary: This section states that section 36 of the principal Act is being replaced with a new section titled “Limitation of liability.”
32. The following section is hereby substituted for section 36 of the principal Act: 15 “Limitation of liability - 36 Verify source ↗
The registrar or the council or a committee of the council or a
AI-assisted research summary: Specified council and board officials are not liable for acts done in good faith under this Act.
36. The registrar or the council or a committee of the council or a professional board or any member or officer of the council or of a committee of the council or a member of a professional board shall not be liable for any act done in good faith under this Act.”. 20 Amendment of section 38 of Act 63 of 1982, as amended by section 22 of Act 108 of 1985, section 27 of Act 94 of 1991 and section 21 of Act 63 of 1993 - 33 Verify source ↗
Section 38 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: This amendment allows regulations under section 38 to set a penalty of a fine, up to three months’ imprisonment, or both for non-compliance.
33. Section 38 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection: “(4) Any regulation made under this section may prescribe a penalty for any 25 contravention thereof or failure to comply therewith of a fine or imprisonment for a period not exceeding three months or both a fine and such imprisonment.”. Amendment of section 38A of Act 63 of 1982, as inserted by section 23 of Act 108 of 1985 and amended by section 45 of Act 23 of 1993 and section 94 of Act 88 of 1996 - 34 Verify source ↗
Section 38A of the principal Act is hereby amended by—
AI-assisted research summary: Practitioners who bill a patient must give that patient a detailed account within a reasonable time, subject to section 59 of the Medical Schemes Act, 1998. The council may also set and publish fee norms after consulting the relevant professional board.
34. Section 38A of the principal Act is hereby amended by— (u) the substitution for subsection (2) of the following subsection: 30 “(2) Any practitioner who in respect of any professional ser\’ices rendered by him or her claims payment from any person (in this section referred to as the patient) shall, subject to the provisions of [section 32 of the Medical Schemes Act, 1967 (Act No. 72 of 1967)] section 59 of the 35 Medical Schemes Act, 1998 (Act No. 131 of 1998). furnish the patient with a detailed account within a reasonable period.”; and (b) the substitution in subsection (3) for paragraph (d) of the following paragraph: “(d) The council may, after consultation with the relevant professional board, from time to time determine and publish the fees used by the 40 council as a norm for the determination of’ amounts contemplated in p a r a g r a p h ( a ) . ”. Amendment of section 38B of Act 63 of 1982, as inserted by section 22 of Act 63 of 1993 - 35 Verify source ↗
Section 38B of the principal Act is hereby amended by-
AI-assisted research summary: This section amends section 38B by replacing part of paragraph (b) and replacing subsection (2) about who appoints the committee and how it is made up.
35. Section 38B of the principal Act is hereby amended by- 45 (a) the substitution in subsection(1) for paragraph (b) of the following paragraph: 40 No 21825 !ict No. 50, 2000 GOVEIWhlENT G,\ZETl F;. I DECFAIBER 2(X)() CHIROPRACTORS. H()\lE0P,4THS AND .4[.L IED FiEAI.1’i3 SERYICE PROFESSIONS SE(-( )ND .ANIENDLIE NT ACT. ‘?()()() “(b) by any penalty impowc( on him or her under section 24: ml”: and ———- —— (h) the substitution for subsection 12) of the follo\ving subsection: “(2) Any zipped cummitcee Ieferred [o in subsection ( 1), [shall] ~v be appointed by the Minister and shall consist of- (a) ~ [magistrate with no fewer than ten years experience as a magistrate,] person who is legid[v qualifiid and who has practised in the field of law for a period of at least 10~ who shall be the [chairman] Chairperson; and two practitioners who practise the same profession as the appellant concerned, whc have no direct interest in the affairs of the appellant, [or] & are not in the employment of the appellant and who are not members of the council or professional board concerned.”. —. (1?) 5 10 Substitution of section 41 of Act 63 of 1982 - 36 Verify source ↗
The following section is hereby substituted for section 41 of the principal Act:
AI-assisted research summary: This section replaces section 41 of the principal Act with a new section titled “Interpretation of laws in respect of certain medicine men and herbalists.”
36. The following section is hereby substituted for section 41 of the principal Act: “Interpretation of laws in respect of certain medicine men and herbalists 15 - 41 Verify source ↗
The provisions of this Act and the [Medical, Dental and
AI-assisted research summary: This section says the Act must not be read as taking away a herbalist’s right to practise his or her profession.
41. The provisions of this Act and the [Medical, Dental and Supplementary] Heallh [Service] Professions Act, 1974 (Act No. 56 of 1974), shall not be construed as derogating from the right which a [medicine man or] herbalist contemplated in the Code of Zulu Law may have to practise his or her profession.”. 20 Substitution of section 41A of Act 63 of 1982, as inserted by section 9 of Act 40 of 1995 - 37 Verify source ↗
The following section is hereby substituted for section 41A of the principal Act:
AI-assisted research summary: The Interim Council ends the day before the council’s first meeting, and its rights, obligations, assets, and liabilities move to the council immediately.
37. The following section is hereby substituted for section 41A of the principal Act: ‘sAbolition of Chiropractors, Homeopaths and Allied Health Service Professions Interim Council, and transitional arrangements 25 41A. (1) Notwithstanding section 5~he Chiropractors, Homeopath and Allied Health Service Professions Interim Council (in this section referred to as “the Interim Council”) shall cease to exist on the day immediately preceding the date of the first meeting of the council. (2) All rights, obligations, assets and liabilities acquired or incurred by the Interim Council sha!l immediately vest in the council and the council shall be deemed to have acquired or incurred such rights, obligations, assets and liabilities in terms of this Act.”.— Substitution of word in Act 63 of 1982 30 35 - 38 Verify source ↗
The principal Act is hereby amended by the substitution for the word “chairman”,
AI-assisted research summary: This section changes the word “chairman” to “chairperson” wherever it appears in the principal Act.
38. The principal Act is hereby amended by the substitution for the word “chairman”, wherever it occurs, of the word “chairperson”. Substitution of section 43 of Act 63 of 1982, as substituted by section 24 of Act 63 of 1993 - 39 Verify source ↗
The following section is hereby substituted for section 43 of the principal Act:
AI-assisted research summary: This section states that section 43 of the principal Act is being substituted, and the text shown then begins a new provision titled “Short title.”
39. The following section is hereby substituted for section 43 of the principal Act: 40 “Short title - 43 Verify source ↗
This Act shall be called the [Chiropractors, Homeopaths and]
AI-assisted research summary: This section keeps certain old council actions in force, carries over unfinished conduct inquiries and disciplinary proceedings, and lets the council appoint a registrar.
43. This Act shall be called the [Chiropractors, Homeopaths and] Allied Health [Service] Professions Act, 1982.”. Substitution of long title of Act 63 of 1982, as substituted by section 10 of Act 40 of 1995 45 40. ‘The following long title is hereby substituted for the long title of the principal Act. ‘r. provide fOr th~ ~O~UOI Cf [tie prcl,ct~ce of [the professions d’ chiropractor and homeopath and] allied hea(th ~~of~s~iclil~. and for that purpose to establish [a Chiropractors, Homeopaths and] an Allied Hexlth [Service] Professions [Interim] Council of Scjutll Afric\\ :lnd-~J deterIn.ine its functiorks: al~d~ro`.ide 5 ,—— for matters connected therewith.”. Savings and transitional provisions 40. (l)ln this section. `' Ir)teritri Couilcil'` lnearls the Chirc>practors. Homeopaths and Allied Health Ser\ice Professions Interim Council established by section 2 of the principal Act as it existed immediately before this ,4ct takes effect. 10 (2) Anyproclamation, notice, regulation. authorisation rule ororder issued. made. (~ranted or done in ter,ms of the princlpai Act, Or deemed to have been issued, made, e granted ord.one in terms of the principal Act, as it existed immediately before this Act takes effect, remains in force until withdrawn, cancelled or repealed by the Allied Health Professions Council of South Africa. established by section 2 of the principal Act (in this 15 section referred to as “the council”). (3) Any inquiry into alleged improper or disgraceful conduct by a chiropractor, homeopath or person who practises in an allied health service profession. including any preliminary investigation undertaken to determine whether prima jiacie evidence exists which would justify such inquiry, and which has not been ccrncluded at the date of the 20 first meeting of the council, must be continued and concluded by the council. (4) The council may institute and conclude disciplinary proceedings against any person who, at any tl.me before the first meeting of the council, is alleged to have c~,mmitted an act which constituted unprofessional conduct. (5) Any person employed by the Interim Council immediately before the date on 25 wh~ch the Interim Council !s abolished in terms of section 41A of the principal Act, must be regarded as having been appointed by the courrcil in terms of section 11 of the principai Act. (6) The person who was the registrar of the Interim Council immediately before this Act takes effect, continues to hold office and to perform the functions assigned to him or 30 t-rer in terms of the principal Act, as well as such functions as may be or may have been assigned to him or her by the Interim Colmcd or the council, until a registrar has been appointed by the council in terms of section 11 of the principal Act. Short title and commencement - 41 Verify source ↗
This Act is called the Chiropractors, Homeopaths and Allied Health Service 35
AI-assisted research summary: This section names the Act and says it starts on a date set by the President by proclamation in the Gazette.
41. This Act is called the Chiropractors, Homeopaths and Allied Health Service 35 Professions Second Amendment Act, 2000, and takes effect on a date fixed by the President by proclamation in the Gazet[e.
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Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act
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