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Allied Health Professions Act, 1982 (Act No. 63 of 1982)

1. Definitions

 

(1)        In this Act, unless the context otherwise indicates—

 

"acupuncturist"

means a person registered as such under this Act in respect of the profession of Chinese medicine and acupuncture;

[Definition inserted by section 1(a) of Act No. 50 of 2000]

 

"allied health profession"

means the profession of ayurveda, Chinese medicine and acupuncture, chiropractic, homeopathy, naturopathy, osteopathy, phytotherapy, therapeutic aromatherapy, therapeutic massage therapy or therapeutic reflexology, or any other profession contemplated in section 16(1) to which this Act applies;

[Definition substituted by section 1(b) of Act No. 50 of 2000]

 

"annual fees"

means the annual fees contemplated in section 38(1)(r);

 

"ayurveda practitioner"

means a person registered as such under this Act;

[Definition inserted by section 1(c) of Act No. 50 of 2000]

 

"board"

[Definition deleted by section 1(b) of Act No. 63 of 1993]

 

"chairperson"

means the chairperson contemplated in section 7(1);

[Definition inserted by section 1(c) of Act No. 50 of 2000]

 

"chiropractor"

means a person registered as such under this Act;

[Definition inserted by section 1(c) of Act No. 50 of 2000]

 

"council"

means the Allied Health Professions Council of South Africa established by section 2;

[Definition substituted by section 1(d) of Act No. 50 of 2000]

 

"Director-General"

means the Director-General: Health or his or her nominee;

[Definition inserted by section 1(b) of Act No. 40 of 1995]

 

"educational institution"

means any university or technikon established by an Act of Parliament and approved by the council to offer training in any profession for which a register has been established in terms of this Act or any private school registered with the Department of Education and approved by the council to offer such training;

[Definition inserted by section 1(e) of Act No. 50 of 2000]

 

"examining authority"

means any person or group of persons approved by the council to conduct examinations in any subject falling under any profession registered in terms of this Act;

[Definition inserted by section 1(e) of Act No. 50 of 2000]

 

"former council"

[Definition deleted by section 1(f) of Act No. 50 of 2000[

 

"homeopath"

means a person registered as such under this Act;

[Definition inserted by section 1(g) of Act No. 50 of 2000]

 

"intern"

means a person registered as such in terms of section 19;

[Definition inserted by section 1(g) of Act No. 50 of 2000]

 

"medical practitioner"

means a person registered as such under the Health Professions Act, 1974 (Act No. 56 of 1974);

[Definition inserted by section 1(h) of Act No. 50 of 2000]

 

"Minister"

means the Minister of Health;

[Definition substituted by section 1(c)  of Act No. 40 of 1995]

 

"naturopath"

means a person registered as such under this Act;

[Definition inserted by section 1(i) of Act No. 50 of 2000]

 

"osteopath"

means a person registered as such under this Act;

[Definition inserted by section 1(i) of Act No. 50 of 2000]

 

"phytotherapist"

means a person registered as such under this Act;

[Definition inserted by section 1(i) of Act No. 50 of 2000]

 

"practitioner"

means a person registered as an acupuncturist, ayurveda practitioner, chiropractor, homeopath, naturopath, osteopath or phytotherapist, in terms of this Act;

[Definition substituted by section 1(j) of Act No. 50 of 2000]

 

"prescribed"

means prescribed by regulation;

 

"profession"

means any allied health profession;

[Definition substituted by section 1(k) of Act No. 50 of 2000]

 

"professional board"

means a professional board established under section 10A;

[Definition inserted by section 1(l) of Act No. 50 of 2000]

 

"qualification"

means any degree, diploma or certificate awarded after examination of a person's proficiency in a particular subject;

[Definition inserted by section 1(a) of Act No. 108 of 1985]

 

"register"

as a noun, means a register kept in terms of this Act, and when used in relation to any category or any member of any category of persons in respect of whom a register is kept, the register kept in respect of that category; and as a verb, means to enter in a register under this Act, and the words 'registered' and 'registration' and all other words derived from the word 'register' shall have a corresponding meaning;

 

"registrar"

means the registrar of practitioners and students appointed under section 11(1);

 

"registration certificate"

means a registration certificate issued in terms of any regulation made under section 38(1)(g);

 

"regulation"

means any regulation made under this Act;

[Definition substituted by section 1(m) of Act No. 50 of 2000]

 

"rule"

means any rule made under this Act;

[Definition inserted by section 1(n) of Act No. 50 of 2000]

 

"scheduled substance"

means any scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);

[Definition inserted by section 1(n) of Act No. 50 of 2000]

 

"student"

means any person registered as such in terms of section 18(1);

 

"student-intern"

means a person registered as such in terms of section 19;

[Definition inserted by section 1(o) of Act No. 50 of 2000]

 

"therapeutic aromatherapist"

means a person registered as such under this Act;

[Definition inserted by section 1(o) of Act No. 50 of 2000]

 

"therapeutic massage therapist"

means a person registered as such under this Act;

[Definition inserted by section 1(o) of Act No. 50 of 2000]

 

"therapeutic reflexologist"

means a person registered as such under this Act;

[Definition inserted by section 1(o) of Act No. 50 of 2000]

 

"therapist"

means a person registered as a therapeutic aromatherapist, therapeutic massage therapist or therapeutic reflexologist in terms of this Act;

[Definition inserted by section 1(o) of Act No. 50 of 2000]

 

"this Act"

includes any regulation, rule and order made or issued under this Act;

[Definition substituted by section 1(p) of Act No. 50 of 2000]

 

"unprofessional conduct"

means improper, disgraceful, dishonourable or unworthy conduct or conduct which, when regard is had to the profession of a person who is registered in terms of this Act, is improper or disgraceful or dishonourable or unworthy;

[Definition inserted by section 1(q) of Act No. 50 of 2000]

 

"vice-chairperson"

means the vice-chairperson contemplated in section 7(1).

[Definition inserted by section 1(q) of Act No. 50 of 2000]

 

(2)        For purposes of this Act—

(a)        a practitioner may—

(i) diagnose, and treat or prevent, physical and mental disease, illness or deficiencies in humans;
(ii) prescribe or dispense medicine; or
(iii) provide or prescribe treatment for such disease, illness or deficiencies in humans;
(b) a therapist may-
(i) treat or provide treatment for diagnosed disease, illness or deficiencies in humans; or
(ii) prevent such disease, illness or deficiencies in humans; and
(c) any reference in this Act, except in section 16(3), (4), (5) and (6), to practitioner includes a therapist.

[Section 1(2) inserted by section 1(r) of Act No. 50 of 2000]

 

[Section 1 substituted by section 1(r) of Act No. 50 of 2000]