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

Regulations

Emergency Medical Services Regulations, 2017

Part 3 : Licensing of Emergency Medical Services

9. Processing of application

 

(1) On receipt of the application, the Head of Department must, within five (5) working days and by way of registered mail or electronic mail, issue the applicant with an acknowledgement of receipt, indicating there upon the date on which the application was received.

 

(2) The Head of Department must, within ten (10) working days of receipt of an application, review the application to determine whether it has been properly completed or whether additional information is required.

 

(3) If the Head of Department is of the opinion that the application form has not been properly completed or that additional information is required, the Head of Department must inform the applicant, in writing, of the incompleteness of the application and request the applicant to properly complete the application form or supply the additional information required within twenty (20) working days.

 

(4) If an applicant fails to properly complete an application form or to supply the additional information within the period specified in subregulation (3), the applicant must be regarded as having withdrawn the application.

 

(5) If the Head of Department is of the opinion that the application form has been properly completed, he or she must—
(a) refer the application to the Committee to advise and make recommendations on the application; and
(b) concurrently place a notice in a local newspaper and in the Gazette to inform the public of the application and invite public comment on the application, providing a period of fifteen (15) working days for such public comment.

 

(6) The Committee must consider the application and public comments received (if any) within twenty (20) working days and make a recommendation to the Head of Department.

 

(7) The Head of Department must, within fifteen (15) working days of receipt of recommendations from the Committee, consider the recommendations and make a decision.

 

(8) The Head of Department may, prior to taking a decision in terms of subregulation (7), refer an application back to the Committee for reconsideration of its recommendations, stating in writing, the reasons for referring the application back to the Committee.

 

(9) If the Head of Department refers the application back for reconsideration, the Committee must make its final recommendation on such an application within twenty (20) working days of the application being referred back to it.

 

(10) The Head of Department must, within ten (10) working days of receipt of a final recommendation in terms of subregulation (9), consider the recommendation.

 

(11) The Head of Department must, within ten (10) working days of deciding on an application as contemplated by subregulation (7) or (10), inform the applicant in writing of the decision and, if the application is refused, give written reasons for the refusal and also inform the applicant of his or her right to appeal in terms of regulation 21.

 

(12) If the Head of Department has confirmed the Committee's recommendations that an application be approved, the Head of Department must, within ten (10) working days, instruct an inspecting officer, in writing, to inspect the Emergency Medical Service concerned.

 

(13) The inspecting officer must carry out an inspection of the Emergency Medical Service and submit a written report, on the findings relating to the inspection, to the Committee within twenty five (25) working days of the instruction by the Head of Department.

 

(14)

(a) Art applicant must provide a date for inspection to the Licensing and Inspectorate Authority within one hundred and twenty (120) working days of the date specified by the Head of Department.
(b) If an applicant fails to provide a date for inspection as provided for in paragraph (a), the applicant must be regarded as having withdrawn the application.

 

(15) If the Head of Department has confirmed the Committee's recommendations that a licence be approved, subject to the Emergency Medical Service being inspected by a duly authorised inspecting officer and the Emergency Medical Service is found to be compliant in terms of these Regulations, the Head of Department must issue a licence for the Emergency Medical Service to be registered in the Register of Emergency Medical Services.