The Minister of Health intends to table the Choice on Termination of Pregnancy Amendment Bill,2003 in Parliament during this year.
To amend the Choice on Termination of Pregnancy Act, 1996, so as to replace the designation of facilities by the Minister with approval by the Member of the -Executive Council, 'and -themaking of regulations connected thereto; to enable public and private facilities offering 24 hour maternity service to provide termination of pregnancy services; to provide for the recording of information and submission of statistics;and to provide for matters incidental thereto.
Amendment of section 1 of Act 92 of 1996 1.
the insertion, before the definition of "Minister"of the following definition: 'I 'Member of the Executive Council' means the Member of the Executive Council of a province.
Substitution of section 3 of Act 92 of 1996 2, The following section is hereby substituted for,.
Termination of a preanancv mav take place onlv at a facility approved by the Member of Executive Council by notice in the Provincial Gazette for that purpose.
Provincial requirements conditions necessary to approve such faciiities referred to subsection (I). The Memberofthe Executive Council may, ongood cause shown, withdraw any approval granted in terms of subsection (1).
Any public or privatehealthfacilitythat has a 24 hour maternity service, which with andcomplies the requirements and conditions contemplated insubsection (2), is exempted from requiring approval toterminate pregnancies of up to and including 12 weeks.
The Member of Executive Council shall on an annual basisprovidethe Minister with statistics of approved facilities for that particularyear.
TheMinistermay exercise the powers and functions accorded the Member of the Executive Council, in order to achieve the objects of this Act: Provided that in case of a conflictonthe exercise of these powersandfunctions, section 146 of the Constitution of the Republic of South Africa, 1996, shall be used to resolve the said conflict.
Amendment of section 7 of Act 92 of 1996 3.
"(3) The person in charge of a facility referred to in section 3, shall, within one month of the termination of a pregnancy atsuchfacility, collate the prescribed informationand forward it by registered confidentiallythe post to [Director-General] Head of Department: Provided that the name and address of a woman who has requested or obtained a termination of pregnancy, shall not be included in the prescribed information."
"(4A) The Head of Department shall providethe Director -General with the information referred to in subsection (4) evew six months."
Substitution ofsection 8 of Act 92 of 1996 4.
The [Minister] Member of the Executive Council may, on such conditions as he or she maydetermine, in writing delegate to the [Director-General ] Head of Department or any other officer in the service of the State, any power conferred upon the [Minister] Member of theExecutive Council by or under this Act, except the power referred to in section 9.
The [MinisterorDirector-General] Member of the Executive Council or Head of Departmentshall not be divested of any power delegated by him or her, and may amend or set aside any decision taken by a person in the exercise of any such power delegated to [him or her] that person.
Amendment of section 9 of Act 92 of 1996 5.
9. Regulations ftJ The [Minister] Member of the Executive Councilmaymake regulations relating to any matter which he or she may consider necessary or expedient to prescribe for achieving the objects of this Act.
The regulations contemplated in subsection (1) shall be approved bv the Minister before thev can be put into effect by the Member of the Executive Council.
Amendment of section 10 of Act 92 of 1996 6.
(7) Any person who -is not a medical practitioner.
Insertion ofsection 1IA in Act 92 of 1996 8.
Anv facility desiqnated in terms of section 3(I),is deemed to have been aDproved bv theMember of theExecutiveCouncil in terms of this Act.
This Act is called the Choice on Termination of Pregnancy Amendment Act, 2003.