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Health Professions Act, 1974 (Act No. 56 of 1974)

Chapter I : Establishment, Objects, Functions and Powers of the Health Professions Council of South Africa and of Professional Boards

3. Objects and functions of council

[Section 3 heading substituted by section 3(a) of Act No. 29 of 2007]

 

The objects and functions of the council are—

[Words preceding paragraph (a) substituted by section 3(b) of Act No. 29 of 2007]

(a) to co-ordinate the activities of the professional boards established in terms of this Act and to act as an advisory and communicatory body for such professional boards;
(b) to promote and to regulate inter-professional liaison between health professions in the interest of the public;

[Paragraph (b) substituted by section 3(c) of Act No. 29 of 2007]

(c) to determine strategic policy in accordance with national health policy as determined by the Minister, and to make decisions in terms thereof, with regard to the professional boards and the health professions, for matters such as finance, education, training, registration, ethics and professional conduct, disciplinary procedure, scope of the professions, inter-professional matters and maintenance of professional competence;

[Paragraph (c) substituted by section 3(d) of Act No. 29 of 2007]

(d) to consult and liaise with relevant authorities on matters affecting the professional boards in general;
(e) to assist in the promotion of the health of the population of the Republic;
(f) subject to legislation regulating health care providers and consistency with national policy determined by the Minister, to control and to exercise authority in respect of all matters affecting the education and training of persons in, and the manner of the exercise of the practices pursued in connection with, the diagnosis, treatment or prevention of physical or mental defects, illnesses or deficiencies in human kind;

[Paragraph (f) substituted by section 3(e) of Act No. 29 of 2007]

(g) to promote liaison in the field of education and training referred to in paragraph (f), both in the Republic and elsewhere, and to promote the standards of such education and training in the Republic;

[Paragraph (g) substituted by section 3(f) of Act No. 29 of 2007]

(h) to advise the Minister on any matter falling within the scope of this Act in order to support the universal norms and values of health professions, with greater emphasis on professional practice, democracy, transparency, equity, accessibility and community involvement;

[Paragraph (h) substituted by section 3(g) of Act No. 29 of 2007]

(i) to communicate to the Minister information of public importance acquired by the council in the course of the performance of its functions under this Act;

[Paragraph (i) substituted by section 4 of Act No. 89 of 1997]

(j) to serve and protect the public in matters involving the rendering of health services by persons practising a health profession;

[Paragraph (j) inserted by section 3(g) of Act No. 29 of 2007]

(k) to exercise its powers and discharge its responsibilities in the best interest of the public and in accordance with national health policy determined by the Minister;

[Paragraph (k) inserted by section 3(g) of Act No. 29 of 2007]

(l) to be transparent and accountable to the public in achieving its objectives and when performing its functions and exercising its powers;

[Paragraph (l) inserted by section 3(g) of Act No. 29 of 2007]

(m) to uphold and maintain professional and ethical standards within the health professions;

[Paragraph (m) inserted by section 3(g) of Act No. 29 of 2007]

(n) to ensure the investigation of complaints concerning persons registered in terms of this Act and to ensure that appropriate disciplinary action is taken against such persons in accordance with this Act in order to protect the interest of the public;

[Paragraph (n) inserted by section 3(g) of Act No. 29 of 2007]

(o) to ensure that persons registered in terms of this Act behave towards users of health services in a manner that respects their constitutional rights to human dignity, bodily and psychological integrity and equality, and that disciplinary action is taken against persons who fail to act accordingly;

[Paragraph (o) inserted by section 3(g) of Act No. 29 of 2007]

(p) to submit to the Minister—
(i) a five-year strategic plan within six months of the council coming into office which includes details as to how the council plans to fulfil its objectives under this Act;
(ii) every six months a report on the status of health professions and on matters of public importance that have come to the attention of the council in the course of the performance of its functions under this Act; and
(iii) an annual report within six months of the end of the financial year; and

[Paragraph (p) inserted by section 3(g) of Act No. 29 of 2007]

(q) to ensure that an annual budget for the council and the professional boards is drawn up and that the council and the professional boards operate within the parameters of such budget.

[Paragraph (q) inserted by section 3(g) of Act No. 29 of 2007]