| (1) |
The Minister may on the recommendation of the council make regulations relating to— |
| (a) |
the terms of office of the office-bearers of the council; |
| (b) |
the conduct of the business, and the quorum and procedure, at meetings of the council and professional boards, the executive committee and other committees of the council, and the manner in which minutes of such meetings shall be kept; |
[Section 38(1)(b) substituted by section 21(a) of Act No. 63 of 1993]
| (c) |
the allowance which may be paid to members of the council or of professional boards, the executive committee and other committees of the council, excluding members in the full-time service of the State, when occupied with the affairs of the council; |
[Section 38(1)(c) substituted by section 21(a) of Act No. 63 of 1993]
| (e) |
the manner in which the accounts of the council shall be kept; |
| (h) |
amendment or revision of the registers; |
| (i) |
the acts specially pertaining to any specified profession; |
| (j) |
the conditions subject to which practitioners may practise the professions in respect of which they have been registered; |
| (k) |
the tariff of fees which may be charged in respect of professional services rendered by a practitioner; |
| (l) |
the remedies which a practitioner may in the practice of any profession in respect of which he is registered, prescribe or prepare for or supply to a patient of his, or may have in his possession or under his control for the practise by him of any such profession; |
[Section 38(1)(l) substituted by section 22(a) of Act No. 108 of 1985]
| (m) |
the exemption from the provisions of any regulation made under paragraph (l) of a practitioner who was at the commencement of the Homeopaths, Naturopaths, Osteopaths and Herbalists Amendment Act, 1980 (Act No. 40 of 1980), in the practice of his profession lawfully making use of any remedy not mentioned in any such regulation, with regard to that remedy; |
| (n) |
the tariff of fees which may be charged by a practitioner in respect of remedies supplied by him in the practice of his profession; |
| (o) |
[Section 38(1)(o) deleted by section 22(b) of Act No. 108 of 1985] |
| (p) |
[Section 38(1)(p) deleted by section 22(b) of Act No. 108 of 1985] |
| (q) |
the institution of an inquiry in terms of Chapter 3, including— |
| (i) |
the manner in which a complaint, charge or allegation against a practitioner or student shall be lodged; |
| (ii) |
the form of a summons for the attendance at any such inquiry of the practitioner or student whose conduct is being investigated; and |
| (iii) |
the manner of conducting any such inquiry, the procedures to be followed thereat and any other matter connected with the institution or conducting thereof; |
| (r) |
the payment of annual fees by practitioners or students (including the determination by any person of the amount of such fees), and exemption from such payment or reduction of such fees; |
| (s) |
any matter which in terms of any provision of this Act is required to be or may be prescribed by regulation; |
| (i) |
the registration of students in terms of this Act, the conditions subject to which they are registered, the maintenance and alteration of such registration and the circumstances in which the name of a student who is or was so registered may be removed from or restored to the register in question; |
| (ii) |
the minimum requirements of the curricula and the standards of education and examinations which shall be maintained at any educational institution at which such education is provided, in order to secure recognition under this Act of the qualification concerned obtained at such educational institution; |
[Section 38(1)(sA)(ii) substituted by section 21(b) of Act No. 63 of 1993]
| (iii) |
the standards of general education required of such students as a condition precedent to such registration; |
| (iv) |
the duration of the curricula to be followed by such students at educational institutions referred to in subparagraph (ii); and |
[Section 38(1)(sA)(iv) inserted by section 22(d) of Act No. 108 of 1985]
| (t) |
generally, all matters which he considers necessary or expedient in order to give effect to the objects of this Act. |
| (a) |
The Minister may, after consultation with the executive committee of the council and if he deems it to be in the public interest, without the recommendation of the council make regulations relating to any of the matters referred to in subsection (1) or amend or repeal any regulation made under that subsection. |
| (b) |
Any regulation pertaining to a professional board or the profession in respect of which it is established, shall be made only after consultation with the professional board concerned. |
[Section 38(2)(b) inserted by section 21(c) of Act No. 63 of 1993]
| (3) |
The provisions of subsection (1)(l) and (m) shall not be applicable to a remedy which is a Scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965. |
[Section 38(3) substituted by section 27 of Act No. 94 of 1991]
| (4) |
Any regulation made under this section may prescribe a penalty for any 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. |
[Section 38(4) substituted by section 33 of Act No. 50 of 2000]
| (5) |
Different regulations may be made under this section in respect of different categories of practitioners or students. |
| (6) |
The council shall not issue a receipt for annual fees payable by virtue of any regulation under subsection (1)(r), unless payment of the full amount of current annual fees and of all arrear annual fees, if any, is tendered at one and the same time. |
| (7) |
The council may from time to time determine and publish requirements with regard to the manufacture, packing and labelling of remedies which may be prescribed, prepared or supplied by a practitioner in terms of subsection (1)(l) for the purposes of the practising of his registered profession. |
[Section 38(7) inserted by section 22(e) of Act No. 108 of 1985]
Statistics Act, 1999
