Intellectual Property Rights from Publicly Financed Research and
R 385
Health Professions Act, 1974 (Act No. 56 of 1974)Chapter II : Education, Training and Registration17. Registration a prerequisite for practising |
| (1) | No person shall be entitled to practise within the Republic— |
| (a) | any health profession registrable in terms of this Act; or |
| (b) | except in so far as it is authorised by legislation regulating health care providers and sections 33, 34 and 39 of this Act, any health profession the practice of which mainly consists of— |
| (i) | the physical or mental examination of persons; |
| (ii) | the diagnosis, treatment or prevention of physical or mental defects, illnesses or deficiencies in humankind; |
| (iii) | the giving of advice in regard to such defects, illnesses or deficiencies; or |
| (iv) | the prescribing or providing of medicine in connection with such defects, illnesses or deficiencies, |
unless he or she is registered in terms of this Act.
[Subsection (1) substituted by section 17(a) of Act No. 29 of 2007]
| (1A) | The provisions of subsection (1)(b) must not be construed as permitting the performance by a person registered under any of the laws contemplated in that subsection of any act which is not performed in the ordinary course of the practising of his or her profession. |
[Subsection (1A) substituted by section 17(b) of Act No. 29 of 2007]
| (2) | Every person desiring to be registered in terms of this Act shall apply to the registrar and shall submit the qualification which, in his or her submission, may entitle him or her to registration, together with such proof of identity and good character and of the authenticity and validity of the qualifications submitted as may be required by the professional board concerned. |
[Subsection (2) substituted by section 17(c) of Act No. 29 of 2007]
| (3) | If the registrar is satisfied that the qualification and the other documents submitted in support of the application satisfy the requirements of this Act, he or she shall, upon payment by the applicant of the prescribed registration fee, issue a registration certificate authorising the applicant, subject to the provisions of this Act or of any other law, to practise the health profession in respect whereof he or she has applied for registration, within the Republic. |
[Subsection (3) substituted by section 17(d) of Act No. 29 of 2007]
| (4) | If the registrar is not satisfied that the qualification or other documents submitted in support of the application satisfy the requirements of this Act, he or she shall refuse to issue a registration certificate to the applicant, but shall, if so required by the applicant, submit the application to the professional board concerned for decision. |
| (5) | Any person who is not registered in terms of this Act and practises a health profession in contravention of this section or who pretends to hold such registration is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment. |
[Subsection (5) substituted by section 17(e) of Act No. 29 of 2007]
