Specialist Registration

Specialist Registration

Specialist Registration

Health Professions Act Chapter 27:19 Section 78

1) A council may establish and maintain a register of health practitioners who have acquired special knowledge and experience in particular branches of their profession or calling.

2) If a council establishes a register in terms of subsection (1), it may make rules providing for –
a) The requirements to be satisfied by a person before he may be registered in the register, including the experience to be obtained by him, the nature and duration of the training to be undertaken by him and the degree, diploma or certificate to be held by him; and
b) The conditions under which any person may be exempt from the requirements, experience or training referred to in paragraph (a); and
c) The conditions governing the practice of practitioners who have been registered in the register, including conditions restricting the practice of any such particular branch of a health profession; and
d) The circumstances in which a council may remove a person’s name from the register.
3) Rules made in terms of subsection (2) shall have no effect until they have been approved by the Minister and published in the Gazette.
4) There shall be entered in a register established in terms of subsection (1) such particulars in relation to registered persons as the council concerned may from time to time determine.

Procedure for Registration

Health Professions Act Chapter 27:19 Section 86

1) Any person who wishes to be registered shall apply in writing to the registrar concerned and shall submit with his application –

1. a) A certificate of any qualification or experience on which he relies for registration or a certified copy of such a certificate: Provided that a certificate showing his registration in the state or territory in which he qualified or a certified photocopy thereof may be submitted if the certificate contains details of the qualifications on which registration was based; and
   b) If other practical experience or training is required in the state or territory in which he qualified before registration in that state or territory –
   Evidence that such experience has been gained or such training has been carried out; or
   ii. A certificate of registration in that state or territory or a certified Photostat copy thereof; and
   c) Such evidence of identity and good character, reputation, compliance with conditions prescribed in terms of section 85 and of the authenticity and validity of any certificate submitted, as the council may require; and
   d) The appropriate application fee:
   (Provided that, in the case of a person who wishes to be registered in a register kept in terms of section 78, he shall submit with his application such particulars as may be required from time to time by the council.)

2) A council may require any statement in or in connection with an application in terms of subsection (1) to be supported by affidavit.

3) If the registrar is satisfied that the qualifications and particulars or documents submitted in terms of subsection (1) are in accordance with the requirements of this Part and that the appropriate application fee has been paid he shall register the applicant in the appropriate register.

4) If the registrar is not satisfied that the qualifications, particulars or documents submitted with an application in terms of subsection (1) are in accordance with the requirements of this Part, he shall refer the application to the council for decision.

5) A council may refuse to register an applicant if in its opinion the applicant, not withstanding that he is otherwise qualified, is not a fit person to be registered because of –

1. a) His physical or mental health; or
   b) The fact that he is not of good character or reputation; or
   c) The fact that he does not have an adequate knowledge of the English language; or
   d) Any conduct on his part which, if he had been registered, would have constituted improper or disgraceful conduct which, having regard to the profession or calling for which he has applied to be registered, is improper or disgraceful:
   Provided that, before refusing registration in terms of this paragraph, a council shall refer the matter to its disciplinary committee and Part XIX of the Health Professions Act (HPA) shall apply, mutatis mutandis, as if the applicant were registered in the register on which he has applied to be registered.

Provisional Registration

Health Professions Act Chapter 27:19 Section 88

1) The council may accept any qualification which has not been prescribed in terms of section (85) as entitling the holder to be provisionally registered if, in all other respects, he satisfies the conditions and requirements of this Part for registration: Provided that the acceptance of a particular qualification for the provisional registration of one person shall not confer any right to any form of registration on any other person holding the same qualification.

2) the council may, as a condition of accepting any qualification for the purposes of subsection (1) and before an applicant for provisional registration is provisionally registered, require the applicant to do either or both of the following -:

1. a) to acquire experience at such institution or with an employer approved by the council and for such period, not exceeding thirty months, as the council may specify; and
   b) to pass, during the period of his provisional registration, such examination as the council may specify.
   3) An application for provisional registration in terms of subsection (1) shall be made in such form and shall be accompanied by such fee as may be prescribed by the council concerned.

   4) Subject to this section, a person who is provisionally registered in terms of this section shall be deemed for the purposes of this Act to be registered in the appropriate register for his profession or calling.

   5) Subject to subsection (6), the initial period of provisional registration in terms of this section shall be three years.

   6) If a person who is provisionally registered in terms of this section –

   1. a) Submits, not later than four months before the expiry of his provisional registration, a written application together with the appropriate fee, if any, prescribed by the council concerned; and
      b) Has satisfied any conditions fixed by the council concerned in terms of subsection (2); he shall be registered on the appropriate permanent register unless the council considers that he should remain provisionally registered, in which case the council shall extend his provisional registration for such period, not exceeding one year at a time and subject to such conditions, as it thinks fit: Provided that the period of provisional registration shall not be extended in terms of this subsection beyond an additional three years.

   7) The council may at any time cancel the provisional registration of any person:
   Provided that, before doing so the council shall afford the person concerned an opportunity of showing cause before the council as to why his provisional registration shall not be cancelled.

   8) Any decision of the council under this section shall be final and not subject to appeal.