Protection of Businesses Act, 1978
R 385
Allied Health Professions Act, 1982 (Act No. 63 of 1982)Chapter 5 : General and Supplementary Provisions38A. Charges by registered persons |
| (1) | Every practitioner shall, unless the circumstances render it impossible for him to do so, and before rendering any professional services, inform the person to whom the services are to be rendered or any person responsible for the maintenance of such person, of the fee which he intends to charge for such services— |
| (a) | when so requested by the person concerned; or |
| (b) | when such fee exceeds that usually charged for such services, |
and shall in a case to which paragraph (b) relates, also inform the person concerned of the usual fee.
| (2) | Any practitioner who in respect of any professional services rendered by him or her claims payment from any person (in this section referred to as the patient) shall, subject to the provisions of section 59 of the Medical Schemes Act, 1998 (Act No. 131 of 1998), furnish the patient with a detailed account within a reasonable period. |
[Section 38A(2) substituted by section 34(a) of Act No. 50 of 2000]
| (3) |
| (a) | The patient may, within three months after receipt of the account referred to in subsection (2), apply in writing to the council to determine the amount which in the opinion of the council should have been charged in respect of the services to which the account relates, and the council shall, as soon as possible after receipt of the application, determine the said amount and notify the practitioner and the patient of the amount so determined: Provided that before the council determines the said amount, it shall afford the practitioner concerned an opportunity to submit to it in writing his case in support of the amount charged. |
| (b) | [Section 38A(3)(b) deleted by section 94 of Act No. 88 of 1996] |
| (c) | The Minister may, after consultation with the council, make such regulations as he may deem necessary in relation to the procedure which the council shall follow in disposing of an application under this subsection. |
| (d) | The council may, after consultation with the relevant professional board, from time to time determine and publish the fees used by the council as a norm for the determination of amounts contemplated in paragraph (a). |
[Section 38A(3)(d) substituted by section 34(b) of Act No. 50 of 2000]
| (4) | A claim which is the subject of an application referred to in subsection (3) of which notice has been given by the council or the patient to the practitioner, shall not be recoverable until a determination has been made in terms of that subsection, and when such a determination has been made no amount which exceeds the amount so determined shall be payable: Provided that if the patient has paid to the practitioner an amount in settlement or part settlement of such claim and such amount exceeds the amount so determined, the practitioner shall refund to the patient the amount by which that payment exceeds the amount so determined. |
| (5) | This section shall not be deemed to divest the council of any of its powers or functions under Chapter 3 with regard to acts or omissions in respect of which it may take disciplinary steps. |
[Section 38A inserted by section 23 of Act No. 108 of 1985]
