National Health Act, 2003 (Act No. 61 of 2003)
Regulations Regarding the Rendering of Forensic Pathology Service, 2018
In these Regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—
"authorised medical practitioner"
means a medical practitioner registered as a forensic pathologist or medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), and who has been authorised in terms of Regulation 11(1) of these Regulations to perform post mortem examinations or autopsies;
means a person employed by the Forensic Pathology Service of the Provincial Department of Health to perform functions within their scope of practice which includes, but is not limited to, forensic pathology officers, forensic pathology specialist investigators, scientists and or any other person appointed in the Forensic Pathology Service to work in a support capacity in a medico-legal mortuary or designated Forensic Pathology Service facility;
means the post mortem dissection of a body so as to determine the cause of death and the nature of injuries and disease processes which may be present;
means a dead human body or the remains thereof and "corpse" has a corresponding meaning;
"Correctional Services Act"
means the Correctional Services Act, 1998 (Act No. 111 of 1998);
means the Provincial Department of Health;
means a medico-legal mortuary or laboratory specially designed for the medico-legal death investigation processes under the auspices of the department;
means a forensic pathology service vehicle, specially adapted in terms of applicable specifications to transport bodies;
"Forensic Pathology Officer"
means a person appointed by the department to provide a medico-legal investigation of death service within their scope of practice;
"Head of Department"
means the person appointed as the head of the provincial department responsible for health in a particular province;
"Health Professions Act"
means the Health Professions Act, 1974 (Act No. 56 of 1974);
means the Independent Police Investigative Directorate, established in terms of the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011);
means the Inquests Act, 1959 (Act No. 58 of 1959);
means a member of the South African Police Service appointed in terms of the South African Police Service Act, 1995, (Act No. 68 of 1995), or an employee of the Independent Police Investigative Directorate appointed in terms of the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011), designated as an investigating officer to investigate the cause and circumstance of death of a particular person;
means a person registered as a medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974);
"medico-legal investigation of death"
means the investigation into the circumstances, manner and possible causes of death which are or may have been due to unnatural causes as defined;
"post mortem examination"
means an examination of a body, with the purpose of establishing the cause and circumstance of death and factors associated with the death, and in the context of these Regulations, for medico-legal purposes;
means the National Health Act, 2003 (Act No. 61 of 2003);
means the Forensic Pathology Service in a province, providing medico-legal investigation of death services as defined;
"the South African Police Service"
means the police service established in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995) ; and
for the purposes of the medico-legal investigation of death, the following shall be deemed to deaths due to unnatural causes, as contemplated in the Inquests Act, 1959 (Act No. 58 of 1959)—
|(a)||any death due to physical or chemical influence, direct or indirect, or related complications;|
|(b)||any death, including those deaths which would normally be considered to be a death due to natural causes, which may have been the result of an act of commission or omission which may be criminal in nature;|
|(c)||any death as contemplated in section 56 of the Health Professions Act, 1974 (Act No. 56 of 1974); and|
|(d)||any death which is sudden and unexpected, or unexplained, or where the cause of death is not apparent.|
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