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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 6 : In-Patient and Out-Patient Services

19. Registration and cancellation of registration of treatment center

 

(1) No person may establish or manage any treatment centre maintained for the treatment, rehabilitation and skills development of service users or in which such persons receive mainly physical, psychological, spiritual or social treatment unless such treatment centre is registered in terms of this section.

 

(2) Any person who desires to establish or manage a treatment centre contemplated in subsection (1) must apply in the prescribed manner to the Director-General for the registration of such centre.

 

(3)        The Director-General may—

(a) after consideration of an application contemplated in subsection (2) and such other information as he or she may obtain; and
(b) if he or she is satisfied that such treatment centre is or will be managed and conducted in such a way that the reception, maintenance, treatment, rehabilitation and skills development of service users complies with the prescribed requirements,

grant the application for registration and issue a registration certificate.

 

(4) The Director-General may grant a conditional registration on such conditions as he or she may deem fit for a maximum period of 12 months and must specify those conditions to the applicant in the prescribed manner.

 

(5) The conditional registration contemplated in subsection (4) may only be extended for a maximum period of 12 months under the same conditions.

 

(6) The Director-General may at any time after three months’ notice of his or her intention to do so, and after consideration of any representation received by him or her during such months, amend or cancel a registration certificate issued in terms of subsection (3) or (4).

 

(7) A registration certificate granted by the Director-General is valid for a period of five years, and is renewable every five years on application by the owner or manager of a treatment centre six months prior to the expiry date.

 

(8) The Director-General may refuse an application for registration in terms of subsection (2) or (7) if, after consideration of such application, he or she is not satisfied that such treatment centre is or will be managed or conducted in the manner contemplated in subsection (3).

 

(9) If an application for a registration certificate is refused or if such certificate is cancelled, the owner or manager concerned must take reasonable steps to ensure that all service users admitted in the treatment centre concerned are admitted in another registered facility or with persons who, in the opinion of a social worker, are fit and proper persons for accommodating such service users.

 

(10) The amendment or cancellation of a registration certificate contemplated in this section must be effected by notice in writing addressed to the holder thereof and comes into operation on a date specified in the notice, which date may not be earlier than three months after the date of the notice, unless the Director-General and the holder of the registration certificate have agreed otherwise.

 

(11) A registration certificate issued under subsection (3) or (4) is not transferable.

 

(12)        

(a) The holder of a registration certificate issued under subsection (3) or (4) may, after three months’ written notice, surrender such registration certificate to the Director-General.
(b) Whenever a registration certificate is cancelled under subsection (8) or surrendered under paragraph (a), the powers and duties conferred or imposed under this Act on the holder thereof must devolve upon the Director-General.

 

(13) A person who contravenes or fails to comply with this section, or any condition imposed thereunder, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.