South Africa
National Health Act, 2003
Act 61 of 2003
- Published in Government Gazette 26595 on 23 July 2004
- Assented to on 18 July 2004
- There are multiple commencements
- [This is the version of this document from 1 September 2014.]
Provisions | Status |
---|---|
Section 1; Chapter 1 (section 2–4); Chapter 2, section 5–10, section 12–20; Chapter 3 (section 21–24); Chapter 4 (section 25–28); Chapter 5 (section 29–34); Chapter 6 (in part); Chapter 7, section 48–49, section 52; Chapter 8 (in part); Chapter 9, section 69–70, section 72–76; Chapter 10, section 80–82, section 84–89; Chapter 11 (section 90); Chapter 12, section 91–92, section 94 |
commenced on 2 May 2005
by Proclamation R19 of 2005.
Note: Date of commencement of whole Act, except sections 11, 35–46, 50, 51, 53–67, 68, 71, 93, 93(1) (only with respect to the repeal of certain sections of the Acts listed in the Schedule (see Schedule for details)) and 93(1) (only with respect to the repeal of section 23(b) of Act 65 of 1983) |
Chapter 8, section 53 |
commenced on 30 June 2008
by Proclamation 22 of 2008.
Note: Date of commencement of section 53 |
Chapter 8, section 55–56, section 68; Chapter 12, section 93(1) |
commenced on 17 May 2010
by Proclamation R20 of 2010.
Note: Date of commencement of sections 55, 56, 68 and 93(1) (only with respect to the repeal of section 23(b) of Act 65 of 1983) |
Chapter 2, section 11; Chapter 6, section 35, section 41–46; Chapter 7, section 50–51; Chapter 8, section 54, section 57–67; Chapter 9, section 71; Chapter 12, section 93(2)–(3) |
commenced on 1 March 2012
by Proclamation 11 of 2012.
Note: Date of commencement of sections 11, 35, 41–46, 50, 51, 54, 57–67, 71 and 93 |
Chapter 10, section 79A–79K, section 80(4)(a)–(c), section 81(1)–(7), section 81A–81B, section 82(6)–(7), section 82A, section 86A, section 88A, section 89(1)(h); Chapter 11, section 90(1)(b)(i)–(ii), (1)(c)(i)–(ii), (1A) | commenced on 2 September 2013. |
Chapter 6, section 36–40, section 47; Chapter 10, section 77–79, section 83 | not yet commenced. |
- [Amended by National Health Amendment Act, 2013 (Act 12 of 2013) on 2 September 2013]
- [Amended by National Health Amendment Act, 2013 (Act 12 of 2013) on 1 September 2014]
1. Definitions
In this Act, unless the context indicates otherwise—“authorised institution” means any institution designated as an authorised institution in terms of section 54;“blood product” means any product derived or produced from blood, including circulating progenitor cells, bone marrow progenitor cells and umbilical cord progenitor cells;“Board” means the Office of Health Standard Compliance Board established in terms of section 79A;[definition of “Board” inserted by section 1(a) of Act 12 of 2013]“central hospital” means a public hospital designated by the Minister to provide health services to users from more than one province;“certificate of need” means a certificate contemplated in section 36;“Chief Executive Officer” means the person appointed as Chief Executive Officer in terms of section 79H(1);[definition of “Chief Executive Officer” inserted by section 1(b) of Act 12 of 2013]“communicable disease” means a disease resulting from an infection due to pathogenic agents or toxins generated by the infection, following the direct or indirect transmission of the agents from the source to the host;“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“death” means brain death;“Director-General” means the head of the national department;“district health council” means a council established in terms of section 31;“essential health services” means those health services prescribed by the Minister to be essential health services after consultation with the National Health Council;“embryo” means a human offspring in the first eight weeks from conception;“Forum of Statutory Health Professional Councils” means the Forum established by section 50;“gamete” means either of the two generative cells essential for human reproduction;“gonad” means a human testis or human ovary;“health agency” means any person other than a health establishment—(a)whose business involves the supply of health care personnel to users or health establishments;(b)who employs health care personnel for the purpose of providing health services; or(c)who procures health care personnel or health services for the benefit of a user,and includes a temporary employment service as defined in the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), involving health workers or health care providers;“health care personnel” means health care providers and health workers;“health care provider” means a person providing health services in terms of any law, including in terms of the—(a)Allied Health Professions Act, 1982 (Act No. 63 of 1982);(b)Health Professions Act, 1974 (Act No. 56 of 1974);(c)Nursing Act, 1978 (Act No. 50 of 1978);(d)Pharmacy Act, 1974 (Act No. 53 of 1974); and(e)Dental Technicians Act, 1979 (Act No. 19 of 1979);“health district” means a district contemplated in section 29;“health establishment” means the whole or part of a public or private institution, facility, building or place, whether for profit or not, that is operated or designed to provide inpatient or outpatient treatment, diagnostic or therapeutic interventions, nursing, rehabilitative, palliative, convalescent, preventative or other health services;“health nuisance” means a situation, or state of affairs, that endangers life or health or adversely affects the well-being of a person or community;“health officer” means the person appointed as health officer in terms of section 80(1);[definition of “health officer” substituted by section 1(c) of Act 12 of 2013]“health research” includes any research which contributes to knowledge of—(a)the biological, clinical, psychological or social processes in human beings;(b)improved methods for the provision of health services;(c)human pathology;(d)the causes of disease;(e)the effects of the environment on the human body;(f)the development or new application of pharmaceuticals, medicines and related substances; and(g)the development of new applications of health technology;“health research ethics committee” means any committee registered in terms of section 73;“health services” means—(a)health care services, including reproductive health care and emergency medical treatment, contemplated in section 27 of the Constitution;(b)basic nutrition and basic health care services contemplated in section 28(1)(c) of the Constitution;(c)medical treatment contemplated in section 35(2)(e) of the Constitution; and(d)municipal health services;“health technology” means machinery or equipment that is used in the provision of health services, but does not include medicine as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);“health worker” means any person who is involved in the provision of health services to a user, but does not include a health care provider;“hospital” means a health establishment which is classified as a hospital by the Minister in terms of section 35;“inspector” means any person appointed as an inspector in terms of section 80(2);[definition of “inspector” inserted by section 1(d) of Act 12 of 2013]“Inspectorate for Health Establishments” [definition of “Inspectorate for Health Establishments” deleted by section 1(e) of Act 12 of 2013]“military health establishment” means a health establishment which is, in terms of the Constitution and the Defence Act, 2002 (Act No. 42 of 2002), the responsibility of and under the direct or indirect authority and control of the President, as Commander in Chief, and the Minister of Defence, and includes—(a)the Institutes for Aviation and Maritime Medicine;(b)the Military Psychological Institute;(c)military laboratory services; and(d)military training and educational centres;“Minister” means the Cabinet member responsible for health;“municipal council” means a municipal council contemplated in section 157(1) of the Constitution;“municipal health services”, for the purposes of this Act, includes—(a)water quality monitoring;(b)food control;(c)waste management;(d)health surveillance of premises;(e)surveillance and prevention of communicable diseases, excluding immunisations;(f)vector control;(g)environmental pollution control;(h)disposal of the dead; and(i)chemical safety,but excludes port health, malaria control and control of hazardous substances;“municipality” means a municipality as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“national department” means the national Department of Health;“National Health Council” means the Council established by section 22(1);“national health policy” means all policies relating to issues of national health as approved by the Minister;“National Health Research Committee” means the Committee established in terms of section 69(1);“National Health Research Ethics Council” means the Council established by section 72(1);“national health system” means the system within the Republic, whether within the public or private sector, in which the individual components are concerned with the financing, provision or delivery of health services;“non-communicable disease” means a disease or health condition that cannot be contracted from another person, an animal or directly from the environment;“norm” means a statistical normative rate of provision or measurable target outcome over a specified period of time;“Office” means the Office of Health Standards Compliance established by section 77(1);[definition of “Office” inserted by section 1(f) of Act 12 of 2013]“Ombud” means the person appointed as Ombud in terms of section 81(1);[definition of “Ombud” inserted by section 1(f) of Act 12 of 2013]“Office of Standards Compliance” [definition of “Office of Standards Compliance” deleted by section 1(g) of Act 12 of 2013]“oocyte” means a developing human egg cell;“organ” means any part of the human body adapted by its structure to perform any particular vital function, including the eye and its accessories, but does not include skin and appendages, flesh, bone, bone marrow, body fluid, blood or a gamete;“organ of state” means an organ of state as defined in section 239 of the Constitution;“pollution” means pollution as defined in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);“premises” means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle, conveyance or ship;“prescribed” means prescribed by regulation made under section 90;“primary health care services” means such health services as may be prescribed by the Minister to be primary health care services;“private health establishment” means a health establishment that is not owned or controlled by an organ of state;“provincial department” means any provincial department responsible for health;“Provincial Health Council” means a Council established by section 26(1);“public health establishment” means a health establishment that is owned or controlled by an organ of state;“rehabilitation” means a goal-orientated and time-limited process aimed at enabling impaired persons to reach an optimum mental, physical or social functional level;“relevant member of the Executive Council” means the member of the Executive Council of a province responsible for health;“statutory health professional council” means—(a)the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act No. 56 of 1974);(b)the South African Nursing Council established by section 2 of the Nursing Act, 1978 (Act No. 50 of 1978);(c)the South African Pharmacy Council established by section 2 of the Pharmacy Act, 1974 (Act No. 53 of 1974);(d)the Allied Health Professions Council of South Africa established by section 2 of the Allied Health Professions Act, 1982 (Act No. 63 of 1982);(e)the South African Dental Technicians Council contemplated in section 2 of the Dental Technicians Act, 1979 (Act No. 19 of 1979); and(f)such other statutory health professional council as the Minister may prescribe;“this Act” includes any regulation made thereunder;“tissue” means human tissue, and includes flesh, bone, a gland, an organ, skin, bone marrow or body fluid, but excludes blood or a gamete;“use”, in relation to tissue, includes preserve or dissect;“user” means the person receiving treatment in a health establishment, including receiving blood or blood products, or using a health service, and if the person receiving treatment or using a health service is—(a)below the age contemplated in section 39(4) of the Child Care Act, 1983 (Act No. 74 of 1983), “user” includes the person’s parent or guardian or another person authorised by law to act on the firstmentioned person’s behalf; or(b)incapable of taking decisions, “user” includes the person’s spouse or partner or, in the absence of such spouse or partner, the person’s parent, grandparent, adult child or brother or sister, or another person authorised by law to act on the firstmentioned person’s behalf;“zygote” means the product of the union of a male and a female gamete.Chapter 1
Objects of Act, responsibility for health and eligibility for free health services
2. Objects of Act
The objects of this Act are to regulate national health and to provide uniformity in respect of health services across the nation by—3. Responsibility for health
4. Eligibility for free health services in public health establishments
Chapter 2
Rights and duties of users and health care personnel
5. Emergency treatment
A health care provider, health worker or health establishment may not refuse a person emergency medical treatment.6. User to have full knowledge
7. Consent of user
8. Participation in decisions
9. Health service without consent
10. Discharge reports
11. Health services for experimental or research purposes
12. Duty to disseminate information
The national department and every provincial department, district health council and municipality must ensure that appropriate, adequate and comprehensive information is disseminated on the health services for which they are responsible, which must include—13. Obligation to keep record
Subject to National Archives of South Africa Act, 1996 (Act No. 43 of 1996), and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), the person in charge of a health establishment must ensure that a health record containing such information as may be prescribed is created and maintained at that health establishment for every user of health services.14. Confidentiality
15. Access to health records
16. Access to health records by health care provider
17. Protection of health records
18. Laying of complaints
19. Duties of users
A user must—20. Rights of health care personnel
Chapter 3
National health
21. General functions of national department
22. Establishment and composition of National Health Council
23. Functions of National Health Council
24. National Consultative Health Forum
Chapter 4
Provincial health
25. Provincial health services, and general functions of provincial departments
26. Establishment and composition of Provincial Health Council
27. Functions of Provincial Health Council
28. Provincial consultative bodies
Chapter 5
District health system
29. Establishment of district health system
30. Division of health districts into subdistricts
31. Establishment of district health councils
32. Health services to be provided by municipalities
33. Preparation of district health plans
34. Transitional arrangements concerning municipal health services
Until a service level agreement contemplated in section 32(3) is concluded, municipalities must continue to provide, within the resources available to them, the health services that they were providing in the year before this Act took effect.Chapter 6
Health establishments
35. Classification of health establishments
The Minister may by regulation—36. Certificate of need
37. Duration of certificate of need
A certificate of need is valid for a prescribed period, but such prescribed period may not exceed 20 years.38. Appeal to Minister against Director-General’s decision
39. Regulations relating to certificates of need
40. Offences and penalties in respect of certificate of need
41. Provision of health services at public health establishments
42. Clinics and community health centre committees
43. Health services at non-health establishments and at public health establishments other than hospitals
44. Referral from one public health establishment to another
45. Relationship between public and private health establishments
46. Obligations of private health establishments
Every private health establishment must maintain insurance cover sufficient to indemnify a user for damages that he or she might suffer as a consequence of a wrongful act by any member of its staff or by any of its employees.47. Evaluating services of health establishments
Chapter 7
Human resources planning and academic health complexes
48. Development and provision of human resources in national health system
49. Maximising services of health care providers
The Minister, with the concurrence of the National Health Council, must determine guidelines to enable the provincial departments and district health councils to implement programmes for the appropriate distribution of health care providers and health workers.50. Forum of Statutory Health Professional Councils
51. Establishment of academic health complexes
The Minister may, in consultation with the Minister of Education, establish—52. Regulations relating to human resources
The Minister may make regulations regarding human resources within the national health system in order to—Chapter 8
Control of use of blood, blood products, tissue and gametes in humans
53. Establishment of national blood transfusion service
54. Designation of authorised institution
55. Removal of tissue, blood, blood products or gametes from living persons
A person may not remove tissue, blood, a blood product or gametes from the body of another living person for the purpose referred to in section 56 unless it is done—56. Use of tissue, blood, blood products or gametes removed or withdrawn from living persons
57. Prohibition of reproductive cloning of human beings
58. Removal and transplantation of human tissue in hospital or authorised institution
59. Removal, use or transplantation of tissue, and administering of blood and blood products by medical practitioner or dentist
60. Payment in connection with the importation, acquisition or supply of tissue, blood, blood products or gametes
61. Allocation and use of human organs
62. Donation of human bodies and tissue of deceased persons
63. Human bodies, tissue, blood, blood products or gametes may be donated to prescribed institution or person
A human body, tissue, blood, blood products or gametes may be donated by any person contemplated in section 55(a) or 62 to any prescribed institution or person for any purpose contemplated in section 56 or 64(1).64. Purposes of donation of body, tissue, blood or blood products of deceased persons
65. Revocation of donation
A donor may, prior to the transplantation of the relevant organ into the donee, revoke a donation in the same way in which it was made or, in the case of a donation by way of a will or other document, also by the intentional destruction of that will or document.66. Post mortem examination of bodies
67. Removal of tissue at post-mortem examinations and obtaining of tissue by institutions and persons
68. Regulations relating to tissue, cells, organs, blood, blood products and gametes
Chapter 9
National health research and information
69. National Health Research Committee
70. Identification of health research priorities
71. Research on or experimentation with human subjects
72. National Health Research Ethics Council
73. Health research ethics committees
74. Co-ordination of national health information system
75. Provincial duties in relation to health information
The relevant member of the Executive Council must establish a committee for his or her province to establish, maintain, facilitate and implement the health information systems contemplated in section 74 at provincial and local level.76. Duties of district health councils and municipalities
Every district health council and every municipality which provides a health service must establish and maintain a health information system as part of the national health information system contemplated in section 74.Chapter 10
Office of Health Standards Compliance, Board, inspections and environmental health investigations, health officers and inspectors, complaints and appeal procedure
[Chapter 10 substituted by section 5 of Act 12 of 2013]77. Establishment of Office of Health Standards Compliance
78. Objects of Office
The objects of the Office are to protect and promote the health and safety of users of health services by—79. Functions of Office
79A. Establishment of Board
79B. Composition of Board
79C. Appointment of members of Board
79D. Chairperson and vice-chairperson of Board
79E. Disqualification from membership of Board and vacation of office
79F. Meetings of Board
79G. Committees of Board
79H. Appointment of Chief Executive Officer
79I. Functions of Chief Executive Officer
79J. Delegation of powers and assignment of duties by Chief Executive Officer
79K. Accountability of and reporting by Chief Executive Officer
80. Appointment of health officers and inspectors
81. Appointment of Ombud
81A. Functions of Ombud
81B. Independence, impartiality and accountability of Ombud
82. Inspections
82A. Non-compliance with prescribed norms and standards
83. Environmental health investigations
84. Entry and search of premises or health establishment with warrant by health officer or inspector
85. Identification prior to entry, and resistance against entry, by health officer or inspector
86. Entry and search of premises or health establishment without warrant by health officer or inspector
A health officer or an inspector may, subject to section 86A, without a warrant exercise any power referred to in section 84(1) if—86A. Constitutional right to privacy
Any entry upon or search of any premises or health establishment in terms of this Act must be conducted with strict regard to decency and good order, including—87. Disposal of items seized by health officer or inspector
A health officer or an inspector may dispose of anything seized in terms of section 84 or 86 in the manner provided for in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).[section 87 substituted by section 5 of Act 12 of 2013]88. Miscellaneous provisions relating to health officers, inspectors and compliance procedures
For the purposes of this Act, the head of a national or provincial department, the municipal manager or the head of a health establishment must be regarded as being—88A. Appeals against decisions of Office or Ombud
89. Offences and penalties
Chapter 11
Regulations
90. Regulations
Chapter 12
General provisions
91. Minister may appoint committees
92. Assignment of duties and delegation of powers
Subject to the Public Finance Management Act (Act No. 1 of 1999)—93. Repeal of laws, and savings
94. Short title and commencement
This Act is called the National Health Act, 2003, and takes effect on a date fixed by the President by proclamation in the Gazette.History of this document
01 September 2014 this version
Amended by
National Health Amendment Act, 2013
02 September 2013
01 March 2012
Commenced by
National Health Act, 2003: Commencement
Note: Date of commencement of sections 11, 35, 41–46, 50, 51, 54, 57–67, 71 and 93
17 May 2010
Commenced by
National Health Act, 2003: Commencement
Note: Date of commencement of sections 55, 56, 68 and 93(1) (only with respect to the repeal of section 23(b) of Act 65 of 1983)
30 June 2008
Commenced by
National Health Act, 2003: Commencement
Note: Date of commencement of section 53
02 May 2005
Commenced by
National Health Act, 2003: Commencement
Note: Date of commencement of whole Act, except sections 11, 35–46, 50, 51, 53–67, 68, 71, 93, 93(1) (only with respect to the repeal of certain sections of the Acts listed in the Schedule (see Schedule for details)) and 93(1) (only with respect to the repeal of section 23(b) of Act 65 of 1983)
23 July 2004
18 July 2004
Assented to
Cited documents 18
Act 18
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Criminal Procedure Act, 1977 | 3803 citations |
3. | Public Finance Management Act, 1999 | 2237 citations |
4. | National Environmental Management Act, 1998 | 2192 citations |
5. | Promotion of Access to Information Act, 2000 | 1633 citations |
6. | National Heritage Resources Act, 1999 | 719 citations |
7. | Medicines and Related Substances Control Act, 1965 | 663 citations |
8. | Basic Conditions of Employment Act, 1997 | 629 citations |
9. | Constitution of the Republic of South Africa, 1996 | 601 citations |
10. | Higher Education Act | 559 citations |
Documents citing this one 451
Gazette 384
Judgment 35
Act 12
1. | Electronic Communications Act, 2005 | 931 citations |
2. | Children's Act, 2005 | 552 citations |
3. | Domestic Violence Act, 1998 | 140 citations |
4. | Older Persons Act, 2006 | 58 citations |
5. | Prevention and Combating of Trafficking in Persons Act, 2013 | 52 citations |
6. | Customary Initiation Act, 2021 | 14 citations |
7. | KwaZulu-Natal Health Act, 2009 | 6 citations |
8. | National Health Insurance Act, 2023 | 1 citation |
9. | Western Cape Ambulance Services Act | 1 citation |
10. | Western Cape District Health Councils Act |
By-law 8
Government Notice 7
Provincial Notice 3
Guide 2
1. | Introduction to Biomedical Forensic Science | |
2. | Science: The Science behind the medicolegal autopsy |
Subsidiary legislation
Title
|
Date
|
|
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Regulations relating to the Standards for Emergency Medical Services, 2022 | Government Notice 2819 of 2022 | 2 December 2022 |