Licensing of Private Health Care Facilities

The Department of Health is the custodian of health care delivery in South Africa. This includes care delivered at public as well as private facilities. The responsibility is devolved to the provincial departments. Quality of care is best achieved if the structure of the health care facilities facilitates optimal delivery.

The requirements for such facilities are laid down in regulation R158 from 1980, as amended 1996. Revision of the document to keep it up to date with developments in the field is the responsibility of the National Department of Health. Private facilities will only be licensed if they show a high level of compliance with regulation R158.

License Application : new facility or an extension to an existing facility

If you have difficulty with downloading the above documents, a hard copy can be requested from Ms Pearl Kunene

Applications will only be processed after receipt of the application fee of R1 500. (Payment arrangements can be made through Miss W Esterhuizen, KZN DOH Banking Services, 033-3952477)

The applicable completed and signed form together with:

  • a motivation letter
  • proof of payment of the application fee
  • proof of available site
  • proof of site specific advert in the local and provincial newspapers for the intention to develop / extend a healthcare facility - please attach the email address of pearl.kunene@kznhealth.gov.za for receipt of objections in your advert.
  • proof of community endorsement of the project
  • a letter from the Local Authority/Municipality approving the development of a private health care facility in the proposed area
  • Municipality zoning letter
  • a feasibility study/business plan
  • proof of available funding to be included in the application
  • certified Identity Document copies of the applicant/s

must to be submitted to the Head of KZN Department of Health through the office of the Senior General Manager: Special Services and Clinical Support, office 9-06, Capital Towers Building, 121 Corner Chief Albert Luthuli and Pietermaritz Street, Pietermaritzburg 3200. Telephone 033 846 7524.

Incomplete applications will not be considered.

Approvals are site restricted.

Receipt of applications will be acknowledged within 7 days. The decision-making process will take 6 months.

Commissioning of a new facility or an extension to an existing facility

After approval of an application for a new facility or extension to an existing facility, the developer needs to submit detailed plans on a 1:100 to the Private Licensing Office for scrutiny. These plans need to show bed positions, positioning of hand wash basins etc. It is the facility developer/owner's responsibility to obtain municipal and other approvals. Building activities should not resume before approvals of the plans from all bodies have been granted. Copies of these approvals need to be submitted.

Biannual progress reports have to be submitted. Expected delays need to be motivated.

When building activities have been completed, the developer/owner requests a commissioning inspection. The Private Licensing inspection team together with a person from Infrastructure Development performs this inspection. If there are still shortcomings, the developer/owner is provided with a list of these. This is followed by a new inspection. The facility developer/owner will be invoiced an inspection visit fee of R1000 plus travel costs for each of the visits.

If the new building is found compliant with all conditions stipulated in R158, a commissioning inspection report is issued by the Private Licensing team together with a recommendation to the HOD to approve commissioning of the facility or the extension. Only when such an approval letter has been received by the developer/owner is such a facility allowed to open to the public. The Standard Operating Procedure (Annexure B) for the plan approval and commissioning process of new facilities or extensions to existing facilities must be followed.

Renal and Oncology Units

Detailed floor plans for dialysis units, chemotherapy units and oncology bunkers must be submitted to the department for approval prior to commencement of construction.

Relicensing

A programme of relicensing inspections will be planned for each calendar year. The onus is on the license holder to apply in time for license renewal. The license will be valid for a period of 12 months from the date of issuing. A relicensing fee of R1500 plus travel costs for the inspection team is payable in advance. Inspection Checklist

After receiving the relicensing request, a checklist will be sent to the facility through which facility management declares compliance or non-compliance with each of the points on the list. A signed copy need to be returned. Following this, the inspection visit will take place during which the inspection team inspects all parts of the facility. An inspection report is compiled and sent to the facility with a new license and an instruction letter summarizing the issues that need to be attended to. In exceptional circumstances where circumstances are found to be a threat to safety of patients and/or staff, the facility can be instructed to close part of the facility till these matters have been attended to. The Standard Operating Procedure (Annexure C) must be followed for the relicensing process

Appeal Process

Applicants and license holders can appeal against decisions regarding the application for new licenses and renewal of licenses respectively. This needs to be done within 2 weeks from the date of the decision letter. Appeals are addressed to the MEC for Health through the HODs office. The MEC will refer the matter to the Licensing Appeals Committee which is chaired by the MEC.

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This page last edited on 05 November, 2018

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