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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Health Act, No. 61 of 2003

Long title


To provide a framework for a structured uniform health system within the Republic, taking into account the obligations imposed by the Constitution and other laws on the national, provincial and local governments with regard to health services; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF SECTIONS
1. Definitions

CHAPTER 1. OBJECTS OF ACT, RESPONSIBILITY FOR HEALTH AND ELIGIBILITY FOR FREE HEALTH SERVICES
2. Objects of Act
3. Responsibility for health
4. Eligibility for free health services in public health establishments

CHAPTER 2. RIGHTS AND DUTIES OF USERS AND HEALTH CARE PERSONNEL
5. Emergency treatment
6. User to have full knowledge
7. Consent of user
8. Participation in decisions
9. Health service without consent
10. Discharge reports
11. Health services for experimental or research purposes
12. Duty to disseminate information
13. Obligation to keep record
14. Confidentiality
15. Access to health records
16. Access to health records by health care provider
17. Protection of health records
18. Laying of complaints
19. Duties of users
20. Rights of health care personnel

CHAPTER 3. NATIONAL HEALTH
21. General functions of national department
22. Establishment and composition of National Health Council
23. Functions of National Health Council
24. National Consultative Health Forum

CHAPTER 4. PROVINCIAL HEALTH
25. Provincial health services, and general functions of provincial departments
26. Establishment and composition of Provincial Health Council
27. Functions of Provincial Health Council
28. Provincial consultative bodies

CHAPTER 5. DISTRICT HEALTH SYSTEM
29. Establishment of district health system
30. Division of health districts into subdistricts
31. Establishment of district health councils
32. Health services to be provided by municipalities
33. Preparation of district health plans
34. Transitional arrangements concerning municipal health services

CHAPTER 6. HEALTH ESTABLISHMENTS
35. Classification of health establishments
36. Certificate of need
37. Duration of certificate of need
38. Appeal to Minister against Director-General’s decision
39.. Regulations relating to certificates of need
40. Offences and penalties in respect of certificate of need
41. Provision of health services at public health establishments
42. Clinics and community health centre committees
43. Health services at non-health establishments and at public health establishments other than hospitals
44. Referral from one public health establishment to another
45. Relationship between public and private health establishments
46. Obligations of private health establishments
47. Evaluating services of health establishments

CHAPTER 7. HUMAN RESOURCES PLANNING AND ACADEMIC HEALTH COMPLEXES
48. Development and provision of human resources in national health system
49. Maximising services of health care providers
50. Forum of Statutory Health Professional Councils
51. Establishment of academic health complexes
52 Regulations relating to human resources

CHAPTER 8. CONTROL OF USE OF BLOOD, BLOOD PRODUCTS, TISSUE AND GAMETES IN HUMANS
53. Establishment of national blood transfusion service
54. Designation of authorised institution
55. Removal of tissue, blood, blood products or gametes from living persons
56. Use of tissue, blood, blood products or gametes removed or withdrawn from living persons
57. Prohibition of reproductive cloning of human beings
58. Removal and transplantation of human tissue in hospital or authorised institution
59. Removal, use or transplantation of tissue, and administering of blood and blood products by medical practitioner or dentist
60. Payment in connection with the importation, acquisition or supply of tissue, blood, blood products or gametes
61. Allocation and use of human organs
62. Donation of human bodies and tissue of deceased persons
63. Human bodies, tissue, blood, blood products or gametes may be donated to prescribed institution or person
64. Purposes of donation of body, tissue, blood or blood products of deceased persons
65. Revocation of donation
66. Post mortem examination of bodies
67. Removal of tissue at post-mortem examinations and obtaining of tissue by institutions and persons
68. Regulations relating to tissue, cells, organs, blood, blood products and gametes

CHAPTER 9. NATIONAL HEALTH RESEARCH INFORMATION
69. National Health Research Committee
70. Identification of health research priorities
71. Research on or experimentation with human subjects
72. National Health Research Ethics Council
73. Health research ethics committees
74. Co-ordination of national health information system
75. Provincial duties in relation to health information
76. Duties of district health councils and municipalities

CHAPTER 10. OFFICE OF HEALTH STANDARDS COMPLIANCE, BOARD, INSPECTIONS AND ENVIRONMENTAL HEALTH INVESTIGATIONS, HEALTH OFFICERS AND INSPECTORS, COMPLAINTS AND APPEAL PROCEDURE [...Title substituted by Act 2013_012_005_20130724 - was entitled "HEALTH OFFICERS AND COMPLIANCE PROCEDURES"]
77. Establishment of Office of Health Standards Compliance [...Title substituted by Act 2013_012_005_20130724 - was entitled "Establishment of Inspectorate for Health Establishments"]
78. Objects of Office [...Title substituted by Act 2013_012_005_20130724 - was entitled "Office of Standards Compliance"]
79. Functions of Office [...Title substituted by Act 2013_012_005_20130724 - was entitled "Inspections by Office of Standards Compliance"]
79A. Establishment of Board [...inserted by Act 2013_012_005]
79B. Composition of Board [...inserted by Act 2013_012_005]
79C. Appointment of members of Board [...inserted by Act 2013_012_005]
79D. Chairperson and vice-chairperson of Board [...inserted by Act 2013_012_005]
79E. Disqualification from membership of Board and vacation of office [...inserted by Act 2013_012_005]
79F. Meetings of Board [...inserted by Act 2013_012_005]
79G. Committees of Board [...inserted by Act 2013_012_005]
79H. Appointment of Chief Executive Officer [...inserted by Act 2013_012_005]
79I. Functions of Chief Executive Officer [...inserted by Act 2013_012_005]
79J. Delegation of powers and assignment of duties by Chief Executive Officer [...inserted by Act 2013_012_005]
79K. Accountability of and reporting by Chief Executive Officer [...inserted by Act 2013_012_005]
80. Appointment of health officers and inspectors [...Title substituted by Act 2013_012_005_20130724 - was entitled "Appointment of health officers"]
81. Appointment of Ombud [...Title substituted by Act 2013_012_005_20130724 - was entitled "Duty of health officers"]
81A. Functions of Ombud [...inserted by Act 2013_012_005_20130724]
81B. Independence, impartiality and accountability of Ombud [...inserted by Act 2013_012_005_20130724]
82. Inspections [...Title substituted by Act 2013_012_005_20130724 - was entitled "Routine inspections"]
82A. Non-compliance with prescribed norms and standards [...inserted by Act 2013_012_005_20130724]
83. Environmental health investigations
84. Entry and search of premises or health establishments with warrant by health officer or inspector [...Title substituted by Act 2013_012_005_20130724 - was entitled "Entry and search of premises with warrant"]
85. Identification prior to entry, and resistance against entry, by health officer or inspector [...Title substituted by Act 2013_012_005_20130724 - was entitled "Identification prior to entry, and resistance against entry"]
86. Entry and search of premises or health establishment without warrant by health officer or inspector [...Title substituted by Act 2013_012_005_20130724 - was entitled "Entry and search of premises without warrant"]
86A. Constitutional right to privacy [...inserted by Act 2013_012_005_20130724
87. Disposal of items seized by health officer or inspector [...Title substituted by Act 2013_012_005_20130724 - was entitled "Disposal of items seized by health officer"]
88. Miscellaneous provisions relating to health officers, inspectors and compliance procedures
88A. Appeals against decisions of Office or Ombud [...inserted by Act 2013_012_005]
89. Offences and penalties [...Title substituted by Act 2013_012_005_20130724 - was entitled "Offences"]

CHAPTER 11. REGULATIONS
90. Regulations

CHAPTER 12. GENERAL PROVISIONS
91. Minister may appoint committees
92. Assignment of duties and delegation of powers
93. Repeal of laws, and savings
94. Short title and commencement.
Sch. SCHEDULE. LAWS REPEALED [s93]
 
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