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ALLIED HEALTH PROFESSIONS ACT 7 OF 2004
[ASSENTED TO 13 JULY 2004] [DATE OF COMMENCEMENT: 1 OCTOBER 2004]
(
Signed by the President)
ACTTo provide for the establishment and constitution of a professional Council for theallied health professions; to determine the powers, duties and functions of suchCouncil; to regulate the registration of persons practising the allied andcomplementary health professions; to specify the education, training andqualifications of persons practising such professions; to prohibit the practising of such professions without being registered; and to provide for matters incidentalthereto.
ARRANGEMENT OF SECTIONSPREAMBLEPART IINTERPRETATION
1Definitions2Application of Act
PART IIESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF ALLIED HEALTHPROFESSIONS COUNCIL OF NAMIBIA
3Establishment of Allied Health Professions Council of Namibia4Succession from former Boards to Council5Objects of Council6General powers of Council7Composition of Council8Disqualification to be member of Council9Vacation of office by members of Council and filling of vacancies10President and vice-president of Council11Meetings and decisions of Council12Executive committee, professional conduct committee, appeal committee, education committees, and other committees13Establishment of Professional Committees14Funds of Council15Appointment of registrar and staff 16Powers, duties and functions of registrar 
PART IIIEDUCATION, TRAINING, QUALIFICATIONS AND REGISTRATION
17Control over education, tuition and training18Registration prerequisite for practising19Minimum requirements of study for registration20Application for registration21Procedures relating to registration22Conditional registration23Registration of persons registered conditionally24Keeping of registers25Removal of name from register and effect of such removal26Restoration of name to register 27Fees payable to Council and maintaining of registration by registered person28Register as proof 29Certificate of status and extract from register 30Temporary registration for purposes of educational demonstrations or training31Educational institutions to furnish particulars32Registration of additional qualifications and specialities33Continuing professional development
PART IVOFFENCES BY UNREGISTERED PERSONS
 
 34Penalties for practising, or using the title of, any allied or complementary health profession, or performingcertain acts, while not registered35Dental laboratories
PART VDISCIPLINARY POWERS OF COUNCIL
36Professional conduct rules by Council37Inquiry by Council into complaint, charge or allegation of unprofessional conduct38Procedures relating to professional conduct inquiry39Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability40Penalties for false evidence41Penalties by Council or professional conduct committee for unprofessional conduct42Postponement of imposition of penalties and suspension of execution of penalties43Effect of suspension or removal from register 44Cognisance by Council of conduct of registered persons under certain circumstances45
Pro forma
complainants46Limitation of liability47Investigation, assessment and powers of Council in respect of impaired registered persons
PART VIGENERAL AND SUPPLEMENTARY PROVISIONS
48Charges by registered persons49Offences relating to registers, registration and impersonation50Limitations in respect of unregistered persons and proof of registration for issue of licences51Matters relating to investigations and inspections52Appeals to appeal committee53Appeals to High Court54Delegation of powers55Regulations56General rules by Council57Offences and penalties58Authorisation to practise professions in employment of the State59Establishment of Interim Council60Minister may declare certain professions subject to this Act61Transitional provisions62Repeal of laws and savings63Short title and commencementSchedule - Laws repealed
PREAMBLE
Recognising that the standards of professional practice and conduct of all categories of allied and complementary health workers in Namibia must be continuously improved;Recognising that the evolving Namibian health sector requires strong stewardship onbehalf of the people of Namibia;Recognising that this stewardship function includes both the formulation of rules to governthe professional practice and conduct of practitioners in that sector and to ensurecompliance therewith;Whereas that responsibility may be entrusted to a body led by the relevant professions inclose partnership with the public and the State, with the understanding that it forms a distinctpart of a wider statutory framework aimed at the protection and promotion of the health andwelfare of the Namibian people;And whereas that responsibility must be executed in an accountable fashion thateffectively protects the public interest;
 
NOW THEREFORE BE IT ENACTED
by the Parliament of the Republic of Namibia, asfollows:
PART IINTERPRETATION (ss 1-2)1 Definitions
In this Act, unless the context otherwise indicates-
"allied or complementary health practitioner"
means a person registered to practiseeither an allied or a complementary health profession;
"allied or complementary health profession"
means the professions referred to insection 18, or a profession declared in terms of section 60 as a profession to which this Actapplies;
"annual fees"
means the annual fees determined by the Council in terms of section 27;
"appeal committee"
means the appeal committee established by the Council in terms of section 12(3)
(a)
;
"audiologist"
means a person registered as such in terms of this Act, or regarded to beso registered in terms of section 61;
"audiometrician"
means a person registered as such in terms of this Act, or regarded tobe so registered in terms of section 61;
"ayurveda medicine practitioner"
means a person registered as such in terms of thisAct, or regarded to be so registered in terms of section 61;
"biokineticist"
means a person registered as such in terms of this Act, or regarded to beso registered in terms of section 61;
"certificate of status"
means a certificate setting out the information referred to in section29(2);
"Chinese medicine practitioner and acupuncturist"
means a person registered assuch in terms of this Act, or regarded to be so registered in terms of section 61;
"chiropractor"
means a person registered as such in terms of this Act, or regarded to beso registered in terms of section 61;
"clinical technologist"
means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 61;
"commencement date"
means the date of commencement of this Act;
"committee"
means a committee established by or in terms of section 12;
"community speech and hearing worker"
means a person registered as such in termsof this Act, or regarded to be so registered in terms of section 61;
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