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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Emergency Medical Services Regulations, 2017

Part 2 : EMS Advisory Committee

3. Emergency Medical Services Advisory Committee

 

(1) The Head of Department must appoint members of the Committee.

 

(2) The Committee must—
(a) advise and make recommendations on licence applications referred to in regulation 8; and
(b) advise the Head of Department on matters concerning licensing.

 

(3) The Head of Department must determine the terms of reference of the Committee.

 

(4)

(a) The Committee must be comprised of at least five (5) members.
(b) Members referred to in subregulation (5)(a), (c) and (d) must have a minimum of 10 years' experience in emergency medical services.

 

(5) The Committee must consist of at least—
(a) one member who is a specialist in emergency medicine or an equivalent field;
(b) one member, nominated by an organisation recognised in terms of the Organised Local Government Act, 1997 (Act No. 52 of 1997), to represent local government in the Province;
(c) one member with extensive technical expertise of public emergency medical services nominated by the National Department of Health;
(d) one member with extensive technical expertise from private emergency medical services; and
(e) one member representing health care users in the Province.

 

(6) The Head of Department must appoint a member recommended by the Committee, as the Chairperson of the Committee.

 

(7) At the first meeting of the Committee—
(a) the Chairperson must determine the procedure to be followed at the meetings of the Committee;
(b) the Committee must appoint a Deputy Chairperson; and
(c) the Committee must establish a code of conduct for members.

 

(8) The Chairperson may, at any stage in the consideration of an application in terms of regulation 8, co -opt any person to participate in the proceedings of the Committee, provided that the Chairperson is satisfied that such person will be able to assist the Committee in making a recommendation.

 

(9) The Chairperson must ensure that a full record of the overall proceedings is kept, together with a record of attendance and of any resolutions taken at a meeting of the Committee.

 

(10) The Committee must be convened as frequently as may be necessary, to deal with applications in terms of regulation 8.

 

(11) A quorum for a meeting is 50% + 1 of the members of the Committee, but either the Chairperson or Deputy Chairperson must always be present.

 

(12) Voting—
(a) a decision of the majority of members present at a meeting of the Committee is considered to be a decision of the Committee;
(b) in the event of the number of votes leading to a tie, the Chairperson or Deputy Chairperson presiding at the meeting, has a casting vote; and
(c) a person co-opted in terms of subregulation (8), does not have voting power when participating in proceedings of the Committee.

 

(13) The Chairperson of the Committee must submit an annual report on the activities and expenditure of the Committee, to the Head of Department, within 40 working days of the end of the financial year.

 

(14) The Head of Department must pay members who are not employed by the State—
(a) reasonable remuneration; and
(b) reasonable allowances for actual subsistence and travelling expenses necessitated by the attendance of a meeting of the Committee,

as determined by the MEC, with the concurrence of the MEC responsible for finance.