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Health Professions Act, 1974 (Act No. 56 of 1974)

Chapter II : Education, Training and Registration

33. Definition of scope of other health professions registrable in terms of this Act and registration of certain persons

 

(1) The Minister may, on the recommendation of the council and the relevant professional board, by regulation define the scope of any health profession registrable in terms of this Act by specifying the acts which shall for the purposes of the application of this Act be deemed to be acts pertaining to that profession: Provided that such regulation shall not be made unless any professional board established in terms of section 15 in respect of any profession which may in the opinion of the Minister be affected by such regulation, has been given an opportunity of submitting, through the council, representations as to the definition of the scope of the profession in question: Provided further that if there is a difference of opinion between the council and such professional board as to the definition of the scope of the profession concerned, the council shall mention this fact in its recommendation.

[Subsection (1) substituted by section 31(a) of Act No. 29 of 2007]

 

(2) When a professional board has been established under section 15 in respect of any health profession, the professional board shall, subject to such restrictions in respect of his or her professional activities as it may determine, register in respect of such profession, the name of any person who—

[Words preceding subsection (2)(a) substituted by section 31(b) of Act No. 29 of 2007]

(a)
(i) was engaged in the practice of such profession in the Republic or in a territory which formerly formed part of the Republic for a continuous period of not less than five years immediately prior to the date referred to in paragraph (c);
(ii) is dependent, wholly or mainly, for his livelihood on the practice of such profession; and
(iii) submits a certificate to the professional board stating that he or she is of good character; and

[Subsection (2)(a)(iii) substituted by section 31(c) of Act No. 29 of 2007]

(b) [Subsection (2)(b) deleted by section 3(c) of Act No. 43 of 1980];
(c) submits to the professional board an application in the prescribed form containing proof to the satisfaction of the professional board of the facts referred to in subparagraphs (i) and (ii) of paragraph (a), within six months (or such longer period as the professional board may allow) after the date on which the scope of such profession was defined by the Minister in regulations contemplated in subsection (1).

[Subsection (2)(c) substituted by section 31(d) of Act No. 29 of 2007]

 

(3) The professional board may conduct an oral or practical examination for a person referred to in subsection (2) in order to determine the restrictions referred to in that subsection in respect of his or her professional activities.

 

(4) Any person registered under subsection (2) in respect of any other health profession shall only be entitled to practise that profession subject to—
(a) such restrictions in respect of his or her professional activities; and
(b) the use of such name, title and description in respect of his or her profession,

as the professional board may determine.

 

(5) The professional board may allow a person referred to in subsection (2) to sit for an examination and if such person passes such examination to the satisfaction of the professional board, it shall exempt him or her from all restrictions imposed in respect of him or her under subsection (2).