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

Chapter 4 : Provincial Health

27. Functions of Provincial Health Council


(a) policy concerning any matter that will protect, promote, improve and maintain the health of the population within the province, including—
(i) responsibilities for health within the province by individuals and the public and private sector;
(ii) targets, priorities, norms and standards within the province relating to the equitable provision and financing of health services;
(iii) efficient co-ordination of health services within the province and between neighbouring provinces;
(iv) human resources planning, production, management and development;
(v) development, procurement and use of health technology within the province;
(vi) equitable financial mechanisms for the funding of health services within the province;
(vii) the design and implementation of programmes within the province to provide for effective referral of users between health establishments or health care providers or to enable integration of public and private health establishments;
(viii) financial and other assistance received by the province from foreign governments and intergovernmental or nongovernmental organisations, the conditions applicable to receiving such assistance and the mechanisms to ensure compliance with these conditions;
(ix) epidemiological surveillance and monitoring of provincial trends with regard to major diseases and risk factors for disease; and
(x) obtaining, processing and use of statistical returns;
(b) proposed legislation relating to health matters before it is introduced in the relevant provincial legislature;
(c) norms and standards for the establishment of health establishments;
(d) guidelines for the management of health districts;
(e) the implementation of national and provincial health policy; and
(f) the performance of any other function determined by the relevant member of the Executive Council.


(2) A Provincial Health Council may determine the time frames, guidelines and the format for the preparation of district health plans within its jurisdiction.


(3) A Provincial Health Council may consult with or receive representations from any person, organisation, institution or authority.


(4) A Provincial Health Council determines the procedures for its meetings.


(5) The Provincial Health Council may create one or more committees to advise it on any matter.


(6) A quorum of a Provincial Health Council is at least half of the members plus one.


(7) The relevant member of the Executive Council or his or her nominee contemplated in section 26(2)(a) must convene the first meeting of the Provincial Health Council within 90 days of commencement of this Act.