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South Africa
KWAZULU-NATAL PROVINCIAL LEGISLATION OVERVIEWS
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KwaZulu-Natal Health Act, No. 1 of 2009

Long title


To provide for the restructuring of the provincial health care service delivery system; to provide a framework for the development and implementation of provincial health policy, provincial norms and standards; to provide for the achievement of the progressive realisation of the right of access to health care services through the provision of accessible comprehensive provincial health care services within the available resources of the Province; to create an enabling environment for the realization of mutually respectful rights and duties for health care users and personnel; to provide for the establishment of an integrated provincial health care system to be managed by appropriate structures in accordance with constitutional principles; to provide for the facilitation of improved management in the provision of public sector health care service delivery; to provide for community participation in the formulation of provincial policy, legislation and provincial health priorities; to provide for accreditation, licences, permits and authorisations for health care providers; to provide for the establishment of an Inspectorate for Health Establishments; to provide for the powers, duties and functions of the Inspectorate for Health Establishments; to provide for the establishment of a complaints and dispute resolution mechanism; to provide for an appeal mechanism; to provide for transparency and accountability in the development and Implementation of health policies and practices; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE
CHAPTER 1 DEFINITIONS
1. Definitions
CHAPTER 2. APPLICATION, GUIDING PRINCIPLES, OBJECTS AND RIGHTS
2. Application of Act
3. Guiding principles for interpretation and administrative compliance
4. Objects of Act
5. Powers and functions of responsible Member of Executive Council
6. Responsibility of health statutory institutions
7. Rights and duties of health care users
8. Rights and duties of health care personnel
CHAPTER 3. KWAZULU-NATAL PROVINCIAL HEALTH RESEARCH AND ETHICS COMMITTEE
9. Establishment of KwaZulu-Natal Provincial Health Research and Ethics Committee
10. Composition of KwaZulu-Natal Provincial Health Research and Ethics Committee
11. Functions of KwaZulu-Natal Provincial Health Research and Ethics Committee and reimbursement for subsistence and travelling expenses
12. Meetings of KwaZulu-Natal Provincial Health Research and Ethics Committee
13. Procedure for referral of research proposals
14. Administrative support to KwaZulu-Natal Provincial Health Research and Ethics Committee
CHAPTER 4. KWAZULU-NATAL PROVINCIAL HEALTH COUNCIL
15. Establishment of KwaZulu-Natal Provincial Health Council
16. Composition of KwaZulu-Natal Provincial Health Council
17. Functions of KwaZulu-Natal Provincial Health Council and reimbursement for travelling and subsistence expenses
18. Administrative support to KwaZulu-Natal Provincial Health Council
CHAPTER 5. KWAZULU-NATAL PROVINCIAL CONSULTATIVE HEALTH FORUM
19. Establishment of KwaZulu-Natal Provincial Consultative Health Forum
20. Composition of KwaZulu-Natal Provincial Consultative Health Forum
21. Functions of KwaZulu-Natal Provincial Consultative Health Forum and reimbursement for travelling and subsistence expenses
22. Governance Framework
CHAPTER 6. DISTRICT HEALTH COUNCILS
23. Establishment of District Health Councils
24. Composition of District Health Council
25. Functions of District Health Council and reimbursement for travelling and subsistence expenses
26. Financial support to District Health Council
27. Advisory committees of district health councils
28. Division of health districts into sub-districts
CHAPTER 7. KWAZULU-NATAL PROVINCIAL HEALTH INFORMATION SYSTEMS COMMITTEE
29. Establishment of KwaZulu-Natal Provincial Health Information Systems Committee
30. Composition of KwaZulu-Natal Provincial Health Information Systems Committee
31. Functions of KwaZulu-Natal Provincial Health Information Systems Committee and reimbursement for subsistence and travelling expenses
32. Meetings of KwaZulu-Natal Provincial Health Information Systems Committee
33. Administrative support to KwaZulu-Natal Provincial Health Information Systems Committee
CHAPTER 8. KWAZULU-NATAL HEALTH OPERATIONS CENTRE
34. KwaZulu-Natal Provincial Health Operations Centre
35. Functions of KwaZulu-Natal Provincial Health Operations Centre
CHAPTER 9. HOSPITAL BOARDS AND CLINIC OR COMMUNITY HEALTH COMMITTEES
36. Establishment of hospital boards
37. Powers and functions of hospital boards and reimbursement for subsistence and travelling expenses
38. Composition of hospital boards
39. Term of office of member of hospital boards
40. Nominations for membership of hospital boards
41. Meetings of hospital boards
42. Establishment of clinic or community health centre committees
43. Powers and functions of clinic or community health centre committees and reimbursement for subsistence and travelling expenses
44. Composition of clinic or community health centre committees
45. Term of office of member of clinic or community health centre committee
46. Meetings of clinic or community health centre committees
CHAPTER 10. ACCREDITATION, LICENCES, PERMITS, AUTHORISATIONS AND REGISTRATIONS OF HEALTH CARE ESTABLISHMENTS
47. Categories of public health care establishments
48. Accreditation of public and private health care establishments
49. Accreditation of public and private sector non-health care establishments rendering health care services
50. Licences
51. Compliance by health care establishments and providers
52. Framework for use of public facilities by private health care users and transfer of public healthcare users to private healthcare facilities
CHAPTER 11. HEALTH OFFICER AND THE INSPECTORATE FOR HEALTH ESTABLISHMENTS
53. Designation of health officer
54. Duty of health officer
55. Termination of designation of health officer
56. Routine inspections
57. Environmental health investigations
58. Entry and search of premises with warrant
59. Identification prior to entry and resistance against entry
60. Entry and search of premises without warrant
61. Disposal of articles seized by health officer
62. Miscellaneous provisions relating to health officers, inspectors and compliance procedures
63. Establishment and functions of inspectorate for Health Establishments
64. Inspections by Inspectorate
65. Lodging of complaints
66. Appointment and functions of Ombudsperson
CHAPTER 12. APPEALS
67. Appeals to responsible Member of Executive Council
CHAPTER 13. PATIENT RECORDS AND BILLING SYSTEMS
68. Establishment, maintenance and confidentiality of patient records
69. Establishment of systems for proper patient admission and billing systems
CHAPTER 14. GENERAL PROVISIONS
70. Public participation and coordination
71. Assignment of administration of health care services to municipalities
72. Delegation of powers and duties
73. Transitional arrangements and validation
74. Regulations and notices
75. General offences and penalties
76. Repeal of laws
77. Short title and commencement
Sch. SCHEDULE. REPEAL OF LAWS (SECTION 77)

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