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Choice on Termination of Pregnancy (CTOP) Amendment Bill

Choice on Termination of Pregnancy (CTOP) Amendment Bill. Amending CTOP Act 92 of 1996 Briefing to the NCOP Select Committee on Social Services 19 June 2007. CLAUSE 1. Inserts new definitions Addition of registered nurse who has undergone prescribed training to persons who may perform TOP.

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Choice on Termination of Pregnancy (CTOP) Amendment Bill

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  1. Choice on Termination of Pregnancy (CTOP) Amendment Bill Amending CTOP Act 92 of 1996 Briefing to the NCOP Select Committee on Social Services 19 June 2007

  2. CLAUSE 1 • Inserts new definitions • Addition of registered nurse who has undergone prescribed training to persons who may perform TOP

  3. CLAUSE 2 • Substitute section 3 • Places where TOP may be performed • 10 requirements plus approval by MEC • Exception: Any facility that provides 24 hr maternity service and complies with the 10 requirements, but only for TOP of 12 weeks or less • Facility concerned must notify MEC

  4. Clause 2 • Chapter 6, section 36 of the NHA • Section 47 of NHA

  5. Clause 3 • Info to be submitted to HoD, who must then collate and submit to DG

  6. Clause 4 • Consequential amendment • MEC & HoD may delegate their power

  7. Clause 5 • MEC to make reg’s in consultation with the Minister • In consultation only to ensure consistency

  8. Clause 6 • Offences • Creates an offence where TOP is performed unlawfully or where TOP is allowed to be performed at a facility not approved • Doctors and owners of facilities

  9. Differences • Registered midwife allowed to terminate pregnancy of 12 weeks or less (Section 2(1)(a) • Registered nurse with prescribed training added • Registered nurse added as another person who can consulted for termination of pregnancy after 20th week

  10. Differences • Designation by Minister • Application must conform with regulations • Process tedious and lengthy • MEC will approve if the 10 requirements conformed with i.t.o. provincial regulations • Process short and efficient as MEC will only deal with application from that province

  11. Differences • Inclusion of facilities that provide 24 hr maternity service • Section 36 and 37 of NHA

  12. Differences • DG collates info received from provinces • HoD’s responsibility and that info to be relayed to DG record purposes • MEC to provide statistics on approved facilities to Minister

  13. Differences • Minister empowered to exercise powers of the MEC if nothing is done in that particular province • Provincial reg’s to be in accordance with national policy (section 25 of the NHA) • Where provinces have discordant reg’s, section 146 may be invoked to ensure consistenty

  14. Differences • Minister makes reg’s • MEC empowered to make reg’s

  15. Differences • Not an offence i.t.o. section 10 if TOP is performed in facility not designated • Will be an offence to unlawfully allow termination at a facility not approved, or for a person in charge to allow access for such service

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