National Health Act, 2003 (Act No. 61 of 2003)NoticesOffice of Health Standards Compliance : Enforcement Policy12. Enforcement |
| 12.1 | Purpose of Enforcement |
| 12.1.1 | The primary purpose of enforcement is to— |
| (a) | enforce compliance by health establishments with the prescribed norms and standards; |
| (b) | protect users and health care personnel from harm and the risk of harm caused by non-compliance by health establishments with prescribed norms and standards; |
| (c) | ensure that users receive health services of acceptable standard and that health care personnel work in a safe environment. |
| 12.2 | Criteria for Enforcement |
| 12.2.1 | In deciding the most appropriate action to take, the Office may be guided by the following considerations— |
| (a) | The impact of the breach on the provision of health care service delivery; |
| (b) | Any injury, loss, damage or death resulting from the breach; |
| (c) | The health establishment or person in charge blameworthiness or the degree within which they should be held accountable for the breach; |
| (d) | The compliance history of the health establishment; |
| (e) | Any mitigating or aggravating factors, including efforts undertaken by the person in charge of the health establishment to prevent / control the risk; |
| (f) | Whether the breach is imminent. |