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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud

Annexure

Prescribed Forms

OHSC 6 : Compliance Notice

 

OHSC 6

 

COMPLIANCE NOTICE

A compliance notice is issued to the person in charge of a health establishment in terms of section 82A(1) of the National Health Act, 2003 (Act No. 61 of 2003), ("the Act") as read together with regulation 21(1) of the Procedural Regulations pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud (the Regulations, when the health establishment is found on inspection by the Office of Health Standards Compliance not to be compliant with the norms and standards contemplated in the Act.

 

The penalties that may be imposed by the Office of Health Standards Compliance in the event of continued non-compliance in terms of section 82A(4) of the Act are as follows:

(a) issue a written warning to achieve compliance within a set period of time in a manner prescribed;
(b) require a written response from the health establishment regarding the continued noncompliance;
(c) recommend to the relevant authority any appropriate and suitable action to be undertaken, including the institution of disciplinary proceedings against persons responsible for the noncompliance or continued non-compliance;
(d) revoke the compliance certificate and recommend to the Minister the temporary or permanent closure of the health establishment or part thereof that constitutes a serious risk to public health or to health service users;
(e) impose upon that person or health establishment a fine as determined by the Minister in the Gazette from time to time; or
(f) refer the matter to the National Prosecuting Authority for prosecution.

 

Name of health establishment

 

Address of health establishment

 

Name of person in charge

 

Contact information of person in charge

 

Overall score and compliance status

 

Requirements for corrective action

 

Name of contact person in OHSC for submission of documentation

Annexures:

 

1. Norms and standards that have not been complied with;
2. details of the nature and extent of non-compliance;
3. steps that are required to be taken and the period over which such steps must be taken