Chiropractors

DRAFT COPY

SELECT COMMITTEE ON SOCIAL SERVICES
MINUTES OF PROCEEDINGS

Chairperson: Ms L Jacobus

Clerk: Ms Musandiwa Mukhuba

Date: 11^{th Wednesday} October 2000

Time: 10:00

Venue: Committee Room S35, NCOP Wing

Agenda: Final mandates on Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Bill [B66-2000]


PRESENT:
EASTERN CAPE
Gouws, Mrs E C

FREE STATE
Nel, Dr P J C
Chabaku Rev M
Kompela Mr B

GAUTENG
Jacobus, Ms L

KWAZULU-NATAL
Vilakazi, Mrs J N

MPUMALANGA

NORTHERN CAPE
Sulliman Mr M

NORTHERN PROVINCE
Makoela, Mr M I

NORTH- WEST
Moatshe, Rev P
Tlhagale, Mr J O

WESTERN CAPE
Witbooi, Ms J

Apologies
Lubidla, Mrs E N
Willem Mr B
Ntlabati Ms S N
Mkhaliphi Mr B J

Special Delegates
Millin, Mrs T E [KZN]
Johnson, Ms L [KZN]
Mhlahlo Mr T [Eastern Cape]

These following people were in attendance:
Ms J van Zyl, Department of Health, Prof Gumbi, Department of Health, Dr A. Ntsaluba, Director General, Department of Health, Mr R Mabope and the State Law Adviser, Mr E. Daniels.

Openings:
The chairperson welcomed permanent and special delegates. She then indicated that the committee is going to look at the bill clause by clause again whether they are supporting the amendments done in the previous meeting or proposing further amendments.

Tabling of clause: Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Bill [B66-2000]

The chairperson tabled all the clauses of the bill and invited proposed amendments from the provinces.

Clause 1:Definition
Free state moved that the word "impaired" in line 19, on page 3 is inappropriate. The Department suggested that the word should stay as it is because it does not necessarily mean that, that particular persons cannot be able to do any of the professions mentioned in the bill. The State Law Adviser did not concur with the departmental explanation. The state law adviser suggested that the word "impaired" in this bill is targeting people who are physically and mentally impaired and it is unconstitutional because it is discriminatory.
The chairperson suggested that another word be used if possible in order to accommodate Free State. The State Law Adviser and the departmental officials suggested that the whole definition of the word "impaired" be deleted. The committee agreed and the definition of impaired is deleted.
In line 31, on page 3 to omit "physiotherapist" and to substitute "phytotherapist", it was just a typing error.

Kwazulu Natal moved that in clause1, paragraph (n) should read as follows,
"the insertion after the definition of "regulation" of the following definitions:
'rule' means any rule made under this Act;
" 'scheduled substance' means any scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No.101 of 1965);

KZN further moved that a new paragraph namely, (o) should be inserted and read as follows:
(o) 'Student-intern' means a person………continuing to the end of the current paragraph (n) on the bill, in order to have the alphabetical order of the definitions.

KZN moved that the word "a" be inserted between the words "as" and "therapeutic" in clause 1, line 58.
KZN moved that the word "man" be replaced by the word "humans" in clause 1, page 4 line 23. In line 17, on page 4, to omit ";and" and to substitute ";or" and in line 22, to omit ";and" and to substitute ";or".
The department concurred and the amendment agreed to

Clause 2.
No amendments proposed.

Clause 3.
KZN moved that the section heading of clause 3, namely, "Establishment of Allied Health Professions Council of South Africa" should read as follows "Establishment of [Chiropractors, Homeopaths and] Allied Health [Service] Professions [Interim] Council of South Africa".
Motion agreed to.

Clause 4.
The departmental official suggested to omit paragraph (e), page 5, and to substitute:
(e) to make recommendations to the Minister within a period of 12 months calculated as from the date of commencement of the Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act, 2000 on the constitution of [a new] the council [within a period not exceeding 36 months calculated as from the date of commencement of the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Act, 1995;and] with due regard to the number of persons registered in terms of this Act in respect of every profession: Provided that-
registers for Chinese medicine and acupuncture, therapeutic aromatherapy, therapeutic massage therapy and therapeutic reflexology must be opened within a period referred to in paragraph (e); and
each profession must have not more than three representatives on the council;
No further amendments. Motion agreed to.

Clause 5.
KZN moved that in clause 5, the word "powers" should be replaced by the word "functions". The departmental official however, indicated that the "powers" has been approved by the State Law Adviser. They further indicated that the word "function" couldn't be used because of the verb "may". The departmental officials suggested that on page 5, in line 19, the words "General powers of council" be omitted and to substitute "General [Functions] powers of council".
Motion agreed to.

Clause 6.
In the last meeting of the committee, Gauteng raised that on clause 6, the composition of the board is skewed in favour of chiropractors and homeopaths and proposed equal representation of all the profession. Instead of having three in subsection 5 (a) (ii) and (iii) a representation of one-one for all the professions is proposed. The committee again looked at this matter. The department concurred with the proposal suggested by Gauteng in the previous meeting and suggested that on page 6, from line 2, to omit paragraph (a) and to substitute:
(a) ten persons elected in the prescribed manner of whom-
one person who is registered as an acupuncturist and has been elected in the
prescribed manner;
one person who is registered as an ayurvedic practitioner and has been elected in the prescribed manner;
one person who is registered as a chiropractor and has been elected in the prescribed manner;
one person who is registered as a homeopath and has been elected in the prescribed manner;
one person who is registered as a naturopath and has been elected in the prescribed manner;
one person who is registered as an osteopath and has been elected in the prescribed manner;
one person who is registered as a phytotherapist and has been elected in the prescribed manner;
one person who is registered as a therapeutic aromatherapist and has been elected in the prescribed manner;
one person who is registered as a therapeutic massage therapist and has been elected in the prescribed manner; and
One person who is registered as a therapeutic reflexologist and has been elcted in the prescribed manner; and
Kwazulu-Natal moved that on page 6, in line 25, after the word "after" to insert the word "and".
Motion agreed to.

Clause 7.
KZN moved that in clause 7 subsection (2) instead of repeating the word "he or she" so many, the word "he or she" should be included only once at the end of the preamble and read as follows:
(2) A member of the council shall vacate his or her office if he or she -
(a) becomes …….continuing to the end.
On page 7, in line 27, to delete the current paragraph (g).
Motion agreed to.

Clause 8.
No amendment proposed.

Clause 9.
Free State raised that in clause 9 there is no composition of the board. The department indicated that clause 10A has the composition of the board. No amendment proposed.

Clause 10.
On page 8, in line 51, after the word "profession;" to insert "or".

Clause 11.
No amendments proposed.

Clause 12&13.
No amendment proposed.

Clause 14.
KZN moved that the section heading should read "Allied health [Service] professions.
On page 11, in line 27 KZN proposed that the final word "man" be replaced by "humans". The department concurred with amendments.

Clause 15.
KZN moved that the word "the" be inserted between "by" and "relevant" and read as follows "by the relevant board". The department concurred with the proposal. No further amendment proposed.

Clause 16.
KZN moved that the change effected by the amendment in line 19-20 in subsection (1) have not been carried through its logical conclusion, meaning that line 27 and 28 need to be amended. The department concurred and they propose that on page 13, from line 27, to omit subsection (1) and (2) and to substitute

Subject to the provisions of subsection (2), the Minister may from time to time, on the recommendation of the council, prescribe the qualifications obtained by virtue of examinations conducted by the [a university or other] an educational institution or examining authority which, when held singly or conjointly with any other qualification, [shall] may entitle any holder thereof to registration under this Act as a [chiropractor, homeopath or] practitioner of an allied health [service] profession, [as the case may be,] if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed: Provided that if a professional board has been established in terms of section 10A (1), the council must first consult the relevant professional board before making a recommendation to the Minister relating to a qualification to be prescribed.
No qualification obtained by virtue of examinations conducted by [a university or other] an educational institution or examining authority situated outside the Republic shall be prescribed under this section unless-
(a) such qualification entitles the holder thereof to practice as a [chiropractor,
homeopath or] practitioner of an allied health [service] profession, [as the case
may be,] in the country or state in which such [university or other] educational
institution or examining authority is situated; and
the council is satisfied that possession of such qualification indicates a standard
of professional training not lower than that prescribed in respect of the training of [chiropractors, homeopaths or] practitioners of allied health [service] professions within the Republic.

Clause 17.
The department proposed that on page 13, from line 43, subsection (1) should be omitted in order to have uniformity and to substitute:

The council may accept a qualification other than a qualification referred to in section 16B, for the purpose of registration under this subsection, if such qualification, in the opinion of the council, indicates a satisfactory standard of professional education, and may, subject to the provisions of [subsections] subsection (2) [and (3)] and section 15(1) and (2), register any person as a [chiropractor, homeopath or] practitioner of an allied health [service] profession who possesses such qualification and who, in the opinion of the council, possesses sufficient professional knowledge and ability and is proficient in at least one of the official languages of the Republic: Provided that if a professional board has been established in terms of section 10A(1), the council must first consult the relevant professional board before making a recommendation to the Minister relating to a qualification to be prescribed.
Motion agreed to.

Clause 18 &19.
No amendments proposed.

Clause 20&21.
No amendments proposed.

Clause 22.
Gauteng asked in our previous meeting what the word "impaired" in subsection (a),(g) mean. Eastern Cape and Free State also moved that the word "impaired is inappropriate". The department and the State Law Adviser suggested that in order to accommodate those who are not satisfied, paragraph (g) on page 15 should be omitted and to substitute:
(g) is unable for any reason to practice the profession for which he or she is registered in
terms of this Act.
The chairperson supported the departmental idea and the motion was agreed to.

Clause 23.
The word "may" in line 37 of clause 23 should be replaced by must. The department concurred with the proposal.
KZN moved in paragraph (b), in line 54, insert the words "thereof, and shall note its finding and inform such person" between the words "it shall note its finding and inform such person", and the last two words in that line. Subsection (3) as amended reads as follows:
(3) If a professional board holding an inquiry under this section, finds the person charged guilty of [improper or disgraceful] unprofessional conduct or of conduct which in consideration of the profession in respect of which that person is registered, is [improper or disgraceful] unprofessional, it shall note its finding and inform such person thereof, and shall at the same time inform such person of the penalty the imposition of which it intends to recommend to the council, and it shall before the next ensuing meeting of the council submit to the council the minutes of the proceedings at the inquiry together with the recommendation concerning a proper penalty.
Motion agreed to.

Clause 24.
KZN moved that in line 9, on page 16, to omit the word "the" and to substitute "that", and on the same page line 50, after the word "or" to insert "a".
Motion agreed to.

Clause 25 &26.
No amendments proposed.

Clause 27&28.
No amendments proposed.

Clause 29.
KZN moved that in line 38, on page 18, to omit "Act or any" and to substitute "Act, any".
Motion agreed to.

Clause 30&31:
No amendments proposed.

Clause 32&33.
No amendments proposed.

Clause 34
No amendments proposed.

Clause 35.
The departmental officials proposed that on page 20, from line 9, to omit paragraph (a) and to substitute:
a [magistrate with no fewer than ten years experience as a magistrate,] person who is legally qualified and who has practiced in the field of law for a period of at least ten years who shall be the [chairperson]; and
Eastern Cape, North-West and Free State suggested, the ten years period would be a stumbling block for those people who have just passed from the university because they do not have experience.
The state law adviser pointed out that there had been some problems before, wherein person without experience had been appointed. Any person appointed for such profession must be capable and competent.
The chairperson supported the SLA's idea and she suggested that the Minister will not in anyway appoint a person who is incompetent. After the explanation by the state law adviser, Free State agreed with the ten years period, although Eastern Cape was not satisfied.
The proposal from the Department was accepted.
Motion agreed to as amended.


Clause 36
KZN moved that, the word "men" is in favour of men. The department suggested that in order to accommodate KZN, section 41 on page 20, is omitted and to substitute:
41. the provision of this Act and 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 practice his or her profession.

Clause 37&38.
No amendments proposed.

Clause 39.
No amendments proposed.

Clause 40 & 41.
No amendments proposed.

LONG TITLE
KZN moved that in the Sixth line, to omit the Second "and".
Motion agreed to.
The chairperson suggested that the committee is not going to look at the memorandum.

Closing remarks.
The chairperson thanked all the special delegates and departmental officials.

The meeting adjourned at 12:00.