Related documents
- Is amended by Hospitals and Health Facilities Amendment Act, 1998
- Is commenced by Commencement of the Hospitals and Health Facilities Act, 1994

Hospitals and Health Facilities Act, 1994
Act 36 of 1994
- Published in Government Gazette 996 on 14 December 1994
- Assented to on 30 November 1994
- Commenced on 15 February 1995 by Commencement of the Hospitals and Health Facilities Act, 1994
- [This is the version of this document from 5 March 1998 and includes any amendments published up to 17 January 2025.]
- [Amended by Hospitals and Health Facilities Amendment Act, 1998 (Act 1 of 1998) on 5 March 1998]
Part I – PRELIMINARY PROVISIONS
1. Definitions
In this Act, unless the context otherwise indicates -“committee” means a hospital committee established under section 22;“financial year” means the period of twelve months commencing on the first day of April in one year and ending on the thirty-first day of March in the ensuing year;“health facility” means a health facility referred to in section 30 and includes a state health facility and a private health facility;“hospital” means a state hospital or private hospital established in accordance with the provisions of this Act;“in-patient” means a person who receives treatment at a hospital or health facility for a continuous period of longer than four hours;“inspector” means an inspector of hospitals and health facilities designated under section 10;“local authority council” means a local authority council established under the Local Authorities Act, 1992 (Act 23 of 1992);“medicine” has the same meaning as in the Medicines and Related Substances Control Act, 1965 (Act 101 of 1965);[The Medicines and Related Substances Control Act 101 of 1965 has been replaced by the Medicines and Related Substances Control Act 13 of 2003.]“Minister” means the Minister of Health and Social Services;“out-patient” means a person who receives treatment at a hospital or health facility for a continuous period of four hours or less;“owner” in relation to a building or premises includes -(a)the person, in whose name the premises or building are registered;(b)where such building or premises are subject to a lease, the lessee thereof or the person who controls or manages such building or premises; and(c)the agent of a person referred to in paragraph (a) or (b);“Permanent Secretary” means the Permanent Secretary: Health and Social Services;“practitioner” means a person registered and authorized to practise under the -(a)Allied Health Services Professions Act, 1993 (Act No. 20 of 1993);[Paragraph (a) is amended by Act 1 of 1998. The Allied Health Services Professions Act 20 of 1993 has been replaced by the Allied Health Professions Act 7 of 2004 and the Medical and Dental Act 10 of 2004).](b)Medical and Dental Professions Act 1993, (Act No. 21 of 1993);[The comma should appear before rather than after “1993”. The Medical and Dental Professions Act 21 of 1993 has been replaced by the Medical and Dental Act 10 of 2004.](c)Pharmacy Professions Act, 1993 (Act No. 23 of 1993); and[The Pharmacy Professions Act 23 of 1993 has been replaced by the Pharmacy Act 9 of 2004.](d)Nursing Professions Act, 1993 (Act No. 30 of 1993);[The Nursing Professions Act 30 of 1993 has been replaced by the Nursing Act 8 of 2004.]“private health facility” means a privately-owned health facility licensed under section 31;“private hospital” means a hospital registered or deemed to be registered as such under section 23;“private patient” means any person classified as a private patient under section 18;“private practice” means the conduct of professional practice, including the treatment of patients and provision of health services to patients, for personal profit;“prescribe” means prescribe by regulation;“register” means the register of private hospitals and private health facilities referred to in section 25;“regulation” means a regulation made under section 38;“state health facility” means a state owned health facility established or deemed to be established under subsection (3) of section 2;[definition of “state health facility” amended by Act 1 of 1998]“state hospital” means a hospital established or deemed to be established under section 2 and includes a hospital procured by the Minister under subsection (1) or (2) of section 3;“state patient” means any patient classified as a state patient under section 18;“superintendent” means the medical superintendent appointed under section 5 and includes an acting medical superintendent;“this Act” includes the regulations;“treatment” means the provision to any patient of any one or more of the following -(a)nursing;(b)accommodation, food or clothing in any hospital;(c)medical, surgical, gynaecological, obstetrical, dental, curative, diagnostic or preventative examination, measure or services;(d)immunisation services;(e)essential medicines as prescribed by a medical practitioner in, at or from a hospital;(f)any dressing, medical apparatus or appliance; and(g)any other article, examination, measure or service as may be prescribed.Part II – ESTABLISHMENT AND MANAGEMENT OF STATE HOSPITALS, STATE HEALTH FACILITIES AND SERVICES
2. Establishment and closure of state hospitals and state health facilities
3. Taking over of private hospitals as state hospitals
4. State hospitals and state health facilities to be under the responsibility of the Minister
5. Appointment of superintendent
6. Establishment of hospital services
The Minister may, subject to such conditions as he or she may prescribe, establish and maintain the following hospital services, namely -7. Amenities and services for hospital staff and patients
Subject to such conditions as the Minister may prescribe, he or she may out of moneys appropriated by law for such purpose, establish or provide, amenities and services which he or she may deem necessary or useful for the convenience of and the use by the staff or patients of a state hospital.[The comma after the word “provide” is superfluous.]8. Services to other institutions
Subject to such conditions as the Minister may determine, he or she may make available to any health or other institution, supplies of any medicine, medical substance, preparation or hospital equipment and apparatus at a state hospital or state health facility.9. Inspection of state hospitals and state health facilities
The Permanent Secretary, or an inspector designated under section 10, may at all reasonable times inspect any state hospital or state health facility, for the purpose of ascertaining whether the provisions of this Act are being complied with, or for such other purpose as the Permanent Secretary may determine.10. Designation and duties of inspectors of hospitals and health facilities
Part III – ACCESS AND ADM ISSION TO AND TREATMENT IN STATE HOSPITALS AND STATE HEALTH FACILITIES
11. Access to a state hospital or state health facility
12. Admission of in-patients to state hospital
13. Assignment of ward, section and bed on admission
On admission of a person to a state hospital as an in-patient, the superintendent thereof or any other person duly authorised shall assign that in-patient the ward, section and bed for occupation during the period of admission and may thereafter transfer such patient to such other ward, section or bed in that hospital as he or she may deem necessary.14. Transfer of state patients to other hospitals
15. Accommodation of person accompanying patient
The superintendent may permit any person accompanying a patient to stay in the state hospital and to be accommodated with that patient in such hospital, subject to such conditions as the Minister may prescribe, and may at any time order such person to leave such hospital.16. State patients not to engage private practitioners without prior approval
17. Private practitioners not to practise in state hospital or state health facility without authorization
Part IV – CLASSIFICATION OF AND FEES PAYABLE BY PATIENTS RECEIVING TREATMENT AT STATE HOSPITALS AND STATE HEALTH FACILITIES
18. Classification of patients at state hospitals
19. Minister to prescribe fees
20. Agreement of undertaking
The Minister may enter into an agreement with any Government, organisation, company or person wherein such Government, organisation, company or person undertakes to pay for the treatment or health services rendered to any person by a state hospital or state health facility at such tariff of fees and subject to such other conditions as may be agreed upon by the parties in such agreement.21. Payment for transportation and treatment of emergency cases
Part V – HOSPITAL COMMITTEES
22. Hospital committees
Part VI – PRIVATE HOSPITALS
23. Registration of private hospitals
24. Cancellation of registration
25. Register of private hospitals and private health facilities
26. Minister’s authorization required for certain acts
27. Financial assistance to private hospitals
28. Accommodation in private hospitals
29. Offences relating to private hospitals
Part VII – PRIVATE HEALTH FACILITIES
30. Health facilities
31. Licensing of private health facilities
32. Offences relating to private health facilities
Part VIII – GENERAL AND SUPPLEMENTARY PROVISIONS
33. Hospitals and health facilities to submit returns to Minister
34. Research into diseases and mental defects
The Minister may commission or authorize the conduct of research into any matter relating to the occurrence, cause, prevention, diagnosis or treatment of any illness, disease or mental defect in human beings, or may by means of grants or otherwise, aid such research.35. Exemptions
Notwithstanding anything provided to the contrary in this Act, the Minister may, whenever he or she deems it expedient, by notice in the Gazette, exempt any state hospital or state health facility from all or any of the provisions of this Act.36. Exemption from provisions of the Pharmacy Professions Act
The Pharmacy Professions Act, 1993 (Act 23 of 1993), shall not apply to a pharmacy established under subsection (3) of section 2.[The Pharmacy Professions Act 23 of 1993 has been replaced by the Pharmacy Act 9 of 2004.]37. Delegation of powers
38. Regulations
39. Repeal of laws and savings
40. Short title and commencement
This Act shall be called the Hospitals and Health Facilities Act, 1994 and shall come into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
05 March 1998 this version
15 February 1995
14 December 1994
30 November 1994
Assented to
Cited documents 2
Act 2
1. | Criminal Procedure Act, 1977 | 1953 citations |
2. | Local Authorities Act, 1992 | 1345 citations |
Documents citing this one 102
Gazette 80
Act 10
1. | Medical and Dental Act, 2004 | 177 citations |
2. | Medicines and Related Substances Control Act, 2003 | 150 citations |
3. | Allied Health Professions Act, 2004 | 134 citations |
4. | Liquor Act, 1998 | 105 citations |
5. | Social Work and Psychology Act, 2004 | 95 citations |
6. | Pharmacy Act, 2004 | 83 citations |
7. | Nursing Act, 2004 | 80 citations |
8. | Medical Aid Funds Act, 1995 | 55 citations |
9. | National Health Act, 2015 | 3 citations |
10. | Civil Registration and Identification Act, 2024 | 2 citations |
Judgment 6
Government Notice 4
Law Reform Report 1
1. | Report on the Mental Health Bill |
Proclamation 1
1. | COVID-19: Regulations Relating to Health Matters |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Regulations relating to Classification of State Hospitals, Admission of Patients to State Hospitals, and Fees Payable by Patient Receiving Treatment in, at or from State Hospital, 2010 | Government Notice 73 of 2010 | 15 November 2017 |
Classification of State Hospitals and State Facilities, 2001 | Government Notice 184 of 2001 | 15 November 2017 |