Choice on Termination of Pregnancy (CTOP) Amendment Bill

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 regs 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
• HoDs 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 regs to be in accordance with
  national policy (section 25 of the NHA)
• Where provinces have discordant regs, section
  146 may be invoked to ensure consistenty

14
Differences

• Minister makes regs
• MEC empowered to make regs

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