South Africa
Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982
Act 63 of 1982
- Published in Government Gazette 8160 on 21 April 1982
- Assented to on 26 March 1982
- Commenced on 1 August 1982 by Associated Health Service Professions Act, 1982: Commencement
- [This is the version of this document as it was from 7 May 1993 to 31 December 1993.]
- [Amended by Associated Health Service Professions Amendment Act, 1985 (Act 108 of 1985) on 20 September 1985]
- [Amended by Associated Health Service Professions Amendment Act, 1990 (Act 10 of 1990) on 21 March 1990]
- [Amended by Medicines and Related Substances Control Amendment Act, 1991 (Act 94 of 1991) on 12 July 1991]
- [Amended by Associated Health Service Professions Amendment Act, 1993 (Act 63 of 1993) on 7 May 1993]
1. Definitions
In this Act, unless the context otherwise indicates—"allied health service profession" means any profession referred to in section 16;[definition of "allied health service profession" inserted by section 1(a) of Act 63 of 1993]“annual fees” means the annual fees contemplated in section 38(1)(r);“board” [definition of “board” deleted by section 1(b) of Act 63 of 1993]"council" means the Chiropractors, Homeopaths and Allied Health Service Professions Council established by section 2(1);[definition of "council" inserted by section 1(c) of Act 63 of 1993]“medical practitioner” means a person registered as such under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974);“Minister” means the Minister of National Health;[definition of “Minister” substituted by section 1 of Act 10 of 1990 and by section 1(d) of Act 63 of 1993]“practitioner” means any person registered under this Act or who is deemed to be so registered;[definition of “practitioner” substituted by section 1(b) of Act 108 of 1985 and by section 1(e) of Act 63 of 1993]“prescribed” means prescribed by regulation;“profession” means the profession of chiropractor or homeopath or an allied health service profession;[definition of “profession” substituted by section 1(f) of Act 63 of 1993]"professional board" means a professional board established under section 10A(3);[definition of "professional board" inserted by section 1(g) of Act 63 of 1993]“qualification” means any degree, diploma or certificate awarded after examination of a person’s proficiency in a particular subject;[definition of “qualification” inserted by section 1(a) of Act 108 of 1985]“register”, as a noun, means a register kept in terms of this Act, and when used in relation to any category or any member of any category of persons in respect of whom a register is kept, the register kept in respect of that category; and as a verb, means to enter in a register under this Act, and the words “registered” and “registration” and all other words derived from the word “register” shall have a corresponding meaning;“registrar” means the registrar of practitioners and students appointed under section 11(1);“registration certificate” means a registration certificate issued in terms of any regulation made under section 38(1)(g);“regulation” means any regulation made under section 38;“student” means any person registered as such in terms of section 18(1);“this Act” includes any regulation.Chapter 1
The Chiropractors, Homeopaths and Allied Health Service Professions Council: Objects and functions
[heading substituted by section 2 of Act 63 of 1993]2. Establishment of Chiropractors, Homeopaths and Allied Health Service Professions Council
There is hereby established a juristic person to be known as the Chiropractors, Homeopaths and Allied Health Service Professions Council.[section 2 substituted by section 3 of Act 63 of 1993]3. Objects of council
The objects of the council shall be—4. General functions of council
5. Constitution of council
6. Disqualification for appointment as member, vacation of office by members and filling of vacancies
7. Office-bearers
8. Meetings of council
9. Executive committee of council
10. Other committees of council
10A. Establishment of professional boards for allied health service professions
11. Appointment of registrar and staff
12. Funds of the council
13. Rectification of errors and validation of irregular acts
If anything required to be done under this Act in connection with the appointment of any member of the council is omitted or is not done in the manner required by this Act, the Minister may order such steps to be taken as may be required to rectify the omission or error, or may validate anything done in an irregular manner, in order to give effect to the objects of this Act.Chapter 2
Registration of practitioners and students
Registration of practitioners
14. Keeping of registers
15. Registration of practitioners
16. Allied health service professions
16A. Control over training
16B. Prescribing of qualifications
16C. Temporary registration
16D. Investigation of matters relating to education or training of certain classes of persons
16E. Registration of certain persons so as to enable them to give education or training
16F. Educational institutions to furnish council with certain particulars
17. Effect of registration as practitioner
Subject to the provisions of this Act, registration confers the right upon a practitioner to practise for gain each profession in respect of which he is registered and in particular to perform for gain any of the acts specially pertaining to each such profession and to indicate each such profession upon his nameplate or in such other manner as may be prescribed.Registration of students
18. Registration of students
19. ***
[section 19 repealed by section 8 of Act 108 of 1985]20. ***
[section 20 repealed by section 9 of Act 108 of 1985]Updating, custody and publication of registers
21. Removal of names from, and restoration thereof to, register
22. Custody and publication of registers
The registers shall be kept at the office of the registrar, and the council may, at intervals determined by it, cause copies of the registers or supplementary lists showing additions, removals, amendments or revisions effected since the last publication of copies of the complete registers, to be printed and published.Chapter 3
Disciplinary powers of the council
23. Inquiry into alleged misconduct
24. Penalties for misconduct and procedure at inquiry by council
25. Postponement of imposition, and suspension of execution, of penalty or part thereof
26. Effect of suspension or removal of name from register and restoration of name to register
27. Cognizance by council or professional board of certain conduct of practitioners
28. Penalty for false evidence
Any person who gives false evidence on oath or affirmation at an inquiry held in terms of this Chapter, knowing that evidence to be false, shall be guilty of an offence and liable on conviction to the penalties which may be imposed for the offence of perjury.29. Acts or omissions in respect of which council or professional board may take disciplinary action
30. Restriction in, or suspension from, practice of profession by practitioner
Chapter 4
Offences, penalties and other judicial matters
31. Offences by unregistered persons, and penalties
32. Offences by practitioners and students, and penalties
33. Receipt for annual fees prima facie proof of registration of practitioner
A receipt purporting to be issued—34. Proof of certain facts by certificate
When the question arises at any proceedings in a court of law whether or not a particular person is registered as a practitioner in respect of any profession, a document purporting to be a certificate issued by the registrar in terms of this section, in which it is certified that a named person is or is not registered as a practitioner in respect of a stated profession, shall, if the name of the first-mentioned person substantially corresponds to the name of the person so named, on its mere production be prima facie proof that the first-mentioned person is or is not registered as a practitioner in respect of the profession so stated, as the case may be.[section 34 amended by section 20 of Act 108 of 1985]35. Presumptions
36. Limitation of liability
The registrar or the council or a committee of the council or any member or officer of the council or of a committee of the council shall not be liable for any act done in good faith under this Act.37. No remuneration recoverable by unregistered persons in respect of certain acts
No remuneration shall be recoverable in respect of any act specially pertaining to any profession if performed by a person who is not a practitioner in the profession concerned.[section 37 substituted by section 21 of Act 108 of 1985]Chapter 5
General and supplementary provisions
38. Regulations
38A. Charges by registered persons
38B. Appeal
38C. Exemption from operation of provisions of Act
39. Unregistered persons not eligible for or entitled to hold certain appointments
No person, except a practitioner in the profession concerned, shall be eligible for or entitled to hold any office which involves the performance by him of any act specially pertaining to a profession which he may not perform for gain: Provided that nothing in this section contained shall be construed so as to prohibit the training of any student.[section 39 substituted by section 24 of Act 108 of 1985]40. Saving
The provisions of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), shall not be construed as prohibiting any practitioner from performing for gain any act usually performed at the commencement of this Act by persons who practise the profession concerned in the Republic and the performance of which by any such practitioner is not prohibited by this Act.[section 40 substituted by section 25 of Act 108 of 1985]41. Interpretation of laws in regard to certain medicine men and herbalists
The provisions of this Act and of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), shall not be construed as derogating from the right which a medicine man or herbalist contemplated in the Code of Zulu Law may have to practise his profession.42. Repeal of laws, and transitional provisions
43. Short title and commencement
This Act shall be called the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982.[section 43 substituted by section 24 of Act 63 of 1993]History of this document
12 February 2001 amendment not yet applied
13 February 1999 amendment not yet applied
12 December 1997 amendment not yet applied
22 November 1996 amendment not yet applied
31 August 1995 amendment not yet applied
01 January 1994 amendment not yet applied
Amended by
Medical Schemes Amendment Act, 1993
07 May 1993 this version
12 July 1991
21 March 1990
20 September 1985
01 August 1982
21 April 1982
26 March 1982
Assented to
Subsidiary legislation
Title | Numbered title |
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Allied Health Professions Council of South Africa: Executive Committee SARS-COV-2 / COVID-19 Directives and Extraordinary Policy Decisions: 10 March 2020 to 22 June 2020 | Board Notice 95 of 2020 |
Cited documents 3
Legislation 3
Documents citing this one 147
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Judgment 1
Legislation 9
- Allied Health Professions Council of South Africa: Executive Committee SARS-COV-2 / COVID-19 Directives and Extraordinary Policy Decisions: 10 March 2020 to 22 June 2020
- Alteration of Sex Description and Sex Status Act, 2003
- Compensation for Occupational Injuries and Diseases Act, 1993
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- Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces
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- National Health Act, 2003
- Uniform Patient Fee Schedule Regulations for Health Care Services Rendered by the Western Cape Department of Health, 2018
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