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

Chapter III : Offences by Unregistered Persons

39. Prohibition of performance of certain acts by unregistered persons deemed to pertain to health professions registrable in terms of this Act

[Section 39 heading substituted by section 37(a) of Act No. 29 of 2007]

 

(1) No person shall perform any act deemed to be an act pertaining to any health profession as may be prescribed under this Act unless he or she—

[Words preceding subsection (1)(a) substituted by section 37(b) of Act No. 29 of 2007]

(a) is registered in terms of this Act in respect of such profession;

[Subsection (1)(a) substituted by section 36 of Act No. 89 of 1997]

(b)
(i) is registered in terms of this Act in respect of any other profession referred to section 33 to which such act is also deemed to pertain; or
(ii) practises a health profession in respect of which the registrar in terms of this Act keeps a register and such act is deemed to be an act which also pertains to such profession;

[Subsection (1)(b) substituted by section 37(b) of Act No. 29 of 2007]

(c) [Subsection (1)(c) deleted by section 37(d) of Act No. 29 of 2007];
(d) [Subsection (1)(d) deleted by section 37(d) of Act No. 29 of 2007];

is registered or enrolled as a nurse under the Nursing Act, 1978 (Act No. 50 of 1978), and such act is an act which also pertains to the profession of a nurse.

 

(2) A person who contravenes subsection (1) shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and such imprisonment.

[Subsection (2) substituted by section 37(e) of Act No. 29 of 2007]

 

[Section 39 substituted by section 5 of Act No. 43 of 1980]