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10 October 2006

Madam Speaker,
Honourable members,

Madam Speaker, it gives me great pleasure to present to the House the Health Professions Amendment Bill which amends the Health Professions Act, (Act No 56 of 1974) on behalf of the Minister Dr Manto Tshabalala-Msimang. Given the divisions of the past, the values of equity, justice and human dignity are essential to the establishment of a fair, just and credible health system that cares for all. Since the dawn of democracy we have gone a long way to transform the health sector to serve the interest of all South Africans. Although we have made strides in transforming various statutory councils, experience over the past few years has shown a number of gaps in the system that still need to be addressed, some of which may require legislative change.

The areas requiring much attention include the role of councils, (in particular, vis-à-vis government) their contribution to transformation of the health sector, their membership, operational procedures and communication with and accountability to the Department of Health while serving the interest of the public. It is for this reason that the Minister called for a meeting with the chairpersons and registrars of Statutory Health Councils on 6 November 2001 at which many ideas on some of these issues were aired.

At this meeting a task team was appointed to look further into all the issues raised and to make recommendations. Members of the task team were appointed in their individual capacities but the team was balanced to include the expertise of government, council members, council officials and academia. The report compiled by the task team took cognisance of specific differences in relation to different councils, but more especially the commonalities that transcend all existing councils. It became evident then that there was an urgent need to transform all statutory health councils to enable them to fulfil the role envisaged for them in a democratic society.

Amongst the most important recommendations of the task team the following stood out prominently i.e. that, the main purpose of professional councils is to protect and promote the public's interests including delivery of quality health care, introduction of good corporate governance and introduction of the Charter for council members. Also important was the fact that the councils have to be receptive to community and public interests and to create smaller but more productive and efficient councils. With this bill we also seek to address concerns raised by professionals with regards to service rendered by councils.

The Health Professions Amendment Bill has gone to great lengths in incorporating these recommendations. The primary purpose of the bill is to transform the Health Professions Council of South Africa (HPCSA) so as to increase the protection of the interests of the public and to promote greater accountability by council members and the registrar. The bill is intended to encompass some of the provisions of the National Health Act of 2003, (Act No 61 of 2003) and other relevant statutes. The bill seeks to make consequential amendments to other legislation in order to update outdated references.

It must be noted that all councils but one, are not listed in Schedule 3 of the Public Finance Management Act, 1999 (Act No 1 of 1999), as scheduled public entities. To ensure accountability, it was imperative to insert provisions on corporate governance. There was also a need to transform the council in terms of the number of council members and their demographic representation. Nizokhumbula ukuthi eminyakeni eminingi eyedlule sasisinye vo kweziyishagalombili isikole esasiqeqesha odokotela abamnyama, abomndabu baseNdiya namakhaladi ngeminyaka yo 1953, Nelson Mandela School of Medicine eyayibizwa ngefaculty of medicine of the University of Natal. Ngithanda ukubonga izinqalabutho kwezokuqeqesha odokotela, Medical University of Southern Africa (Medunsa), ngokuvula kwabo iminyango futhi bavume ukukhiqiza odokotela abamnyama ababamba iqhaza ekulashweni kwabantu bakithi emalokishini nasemahostela ngesikhathi sengcindezelo. Kanjalo neWalter Sisulu University (WSU) ngokugqugquzela abafundi ukuthi bazibandakanye nentuthuko yemiphakathi.

Sibheke ngamehlo abomvu uhlelo lukaSekela Mongameli Joint Initiative for Priority Skills Acquisition (JIPSA) kanjalo nohlelo lomnyago weZempilo iHuman Resource Plan ukuthi luzosisiza ekukhiqizeni abasebenzi bezempilo abazovala igebe lokushoda kwabasebenzi abaqeqeshelwe ukulapha abantu bakithi. Nizokukhumbula ukuthi lemikhandlu esiyiguqula namhlanje yayicwasa ngokwebala. Kube umqansa ukuthi lemikhandlu ivume ukusebenza nabantu abamnyama okwaholela ekutheni ilawulwe futhi iphathwe abamhlophe isikhathi eside.

There was also a need to transform the council in terms of the number of council members. The Health Professions Act 1974 (Act No 56 of 1974) was also found wanting in terms of provisions on appointment of the President and the Registrar, regulation on the conduct of professionals and the evaluation and accreditation of teaching institutions.

The bill therefore aims to include all the abovementioned matters, technical amendments and deletion of certain provisions. The bill will further bring in line the current Act with the objectives of section 50 of the National Health Act, 2003 (Act No 61 of 2003). The bill was published for public comment and the comments were incorporated into the draft.

Objectives of the bill

The bill aims to:

(a) serve and protect the public in matters involving health services provided by the professions
b) to foster close liaison between the council and the boards when considering certain matters
(c) to reduce the total number of council members from 52 to 25
(d) to further regulate the appointment of members of the council and the registrar
(e) ensure accountability and transparency by the council and the registrar, particularly relating to financial management of the council
(f) to empower the Minister to appoint members of professional boards on the basis of nominations
(g) to make provision for an evaluation, quality assurance and accreditation process for teaching institutions and training facilities
(h) empower the Minister to make regulations excluding certain persons from performing compulsory community service and generally
(i) to guide the professions.

Synopsis of the Health Professions Amendment Bill

* Section 3 is aligning national health policy with objects and functions of the council while obliging the council to have strategic plans and to report to the Minister on how such plans are to be achieved and submit annual reports. More importantly, the section emphasises the protection of the interests and rights of the public in matters involving the rendering of health services.

* Section 5 will ensure efficiency, control, accountability and transparency by reducing the number of designated members from 25 to 16 and introducing new corporate governance provisions.

* Section 8 empowers the President to convene a special meeting if requested to do so by the Minister or one-third of the members.

* Section 10 empowers the Minister to appoint the registrar/accounting officer after consultation with the council. The registrar is the accounting officer.

* Section 12 empowers the Minister to appoint members of the professional boards on the basis of nominations. This will ensure that there are demographic representatives in the board.

* Section 14 enhances the powers of the professional boards to inter alia prescribe processes relating to the evaluation and accreditation of teaching institutions and training facilities by such professional boards.

* Sections 19, 20 and 42 deal with the admission, suspension, removal and fines imposed on professionals found guilty of improper conduct.

* Section 25 empowers the Minister to make regulations regarding, inter-alia, persons excluded from compulsory community service.

* Section 30 replaces the council with the professional board as the authority that institutions are obliged to submit certain particulars to, e.g. education and training acquired or examinations being conducted at a particular institution, results of examinations being conducted at these institutions, etc.

* Section 33 enables professionals to further register in sub-specialities, professional categories and additional professional categories. In this regard the professional board replaces the council as the authority that registers professionals.

* Section 37 generally prohibits performance of professional acts by unregistered persons and lists the relevant offences in case of non-compliance.

* Section 44 replaces the council by empowering the Minister after consultation with the council and the board to make regulations relating to unprofessional conduct.

In conclusion, I would like to applaud the Minister of Health for her hard work and commitment in working with various stakeholders to ensure the successful drafting of this bill and wish her a speedy recovery. I would also like to thank the task team, the Heath Portfolio Committee under the leadership of James Ngculu, officials of the Department of Health under the leadership of the Director-General Thami Mseleku, members of the public who participated during the public hearings and the African National Congress (ANC) for its progressive health policies which have contributed to creating a unified health sector.

I thank you!

Issued by: Department of Health
10 October 2006