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

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

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

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

Clause 4 Consequential amendment MEC & HoD may delegate their power

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

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

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 20 th week

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

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

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

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

Differences Minister makes reg’s MEC empowered to make reg’s

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