| (1) |
The professional board or a committee to whom the function has been delegated may direct the registrar to, or the registrar acting on the established policies of the professional board may, remove from the register the name of any person— |
[Words preceding subsection (1)(a) substituted by section 19(a) of Act No. 29 of 2007]
| (a) |
[Subsection (1)(a) deleted by section 19(b) of Act No. 29 of 2007]; |
| (b) |
who has failed to notify the registrar, within a period of three months as from the date of an enquiry sent by the registrar by certified mail to the address appearing in the register in respect of such person, of his or her present address; |
| (c) |
who has requested that his or her name be removed from the register, in which case such person may be required to lodge with the registrar an affidavit to the effect that no unprofessional conduct proceedings are pending against him or her, or criminal proceedings are being or are likely to be taken against him or her; |
[Subsection (1)(c) substituted by section 19(c) of Act No. 29 of 2007]
| (d) |
who has failed to pay to the professional board, within three months as from the date on which it became due for payment, any annual fee prescribed by the professional board in terms of section 62; |
| (e) |
whose name has been removed from the register, record or roll of any university, hospital, college, society or other body from which that person received the qualification by virtue of the holding whereof he or she was registered; |
[Subsection (1)(e) substituted by section 19(d) of Act No. 29 of 2007]
| (f) |
who has been registered in error or through fraud; or |
[Subsection (1)(f) substituted by section 19(e) of Act No. 29 of 2007]
| (g) |
who has been found guilty of unprofessional conduct and on whom a penalty specified in section 42(1)(c) is imposed. |
[Subsection (1)(g) inserted by section 19(f) of Act No. 29 of 2007]
| (2) |
Notice of the removal, in terms of subsection (1), of his or her name from the register, or of the removal, in terms of section 18(5), of an entry from the register, shall be given by the registrar to the person concerned by way of certified mail addressed to such person at the address appearing in respect of him or her in the register. |
[Subsection (2) substituted by section 17 of Act No. 89 of 1997]
| (3) |
As from the date on which notice has been given in terms of subsection (2)— |
| (a) |
any registration certificate issued in terms of this Act to the person concerned shall be deemed to be cancelled; and |
| (b) |
such person shall cease to practise the health profession in respect of which he or she was registered or to perform any act which he or she, in his or her capacity as a registered person, was entitled to perform, |
[Subsection (3)(b) substituted by section 19(g) of Act No. 29 of 2007]
until such time as his or her name or the entry removed from the register in terms of section 18(5), as the case may be, is restored to the register.
| (4) |
If it appears to the judge concerned from the documents submitted to him or her in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), or it is brought to his or her notice in any other manner, that the person to whom the documents relate is a person registered under this Act, he or she shall, if the said person is declared a mentally ill person as contemplated by the said Mental Health Care Act, direct that a copy of the order declaring such a person a mentally ill person be transmitted to the registrar and the registrar shall, on receipt of the said copy, remove the name of the person concerned from the register. |
[Subsection (4) substituted by section 19(h) of Act No. 29 of 2007]
| (5) |
The name of a person whose name has in terms of this section been removed from the register or an entry removed from the register in terms of section 18(5), shall be restored to the register by the registrar upon the person concerned— |
| (a) |
applying on the prescribed form for such restoration; |
| (b) |
paying the fee prescribed in respect of such restoration (if any); |
| (c) |
in the case where his or her name has been removed from the register in terms of subsection (4), submitting proof to the satisfaction of the relevant professional board of his or her discharge in terms of the provisions of the Mental Health Care Act, from the institution at which he or she had been detained, but subject to any conditions of registration or practice which may be imposed on him or her in terms of section 51; |
[Subsection (5)(c) substituted by section 19(i) of Act No. 29 of 2007]
| (cA) |
[Subsection (5)(cA) deleted by section 19(j) of Act No. 29 of 2007]; and |
| (d) |
complying with such other requirements as the relevant professional board may determine. |
[Subsection (1)(d) substituted by section 19(k) of Act No. 29 of 2007]
| (6) |
[Subsection (6) deleted by section 17(e) of Act No. 89 of 1997] |
Supreme Court Act, 1959
