Rights and duties of health care users in terms of the KwaZulu-Natal Health Act, 2009 (Act No. 01 of 2009)

A health care user has a right

  • to health care services;
  • to participate in the decision-making affecting their personal health and treatment;
  • to access available public health care services;
  • to grant their informed consent prior to any health care service, including health treatment rendered, unless the user is unable to give informed consent in which case the provisions of section 7 of the National Health Act will then be applicable;
  • to emergency medical services at any health care establishment;
  • to refuse health treatment: Provided that the condition concerned does not pose a serious risk to the health of the public in general;
  • to confidential treatment of all information, in written, verbal or electronic form regarding the user’s general health, any medical condition, diagnosis, prognosis and related health treatment;
  • to an environment that is not harmful to their health; and
  • to lodge a complaint in respect of health care services rendered as provided for in national legislation and in this Act, and have their complaint investigated and addressed

A health care user must:

  • adhere to the rules of the health care establishment concerned when receiving treatment or using health care services;
  • subject to subsection (1), provide the health care provider with accurate information pertaining to their health status and co-operate with health care providers when using health care services;
  • treat health care providers with dignity and respect;
  • sign a certificate on discharge from the health care establishment concerned;
  • sign a release of liability or a discharge certificate if they refuse to undergo health treatment as recommended by the health care provider concerned.
Issued by Corporate Communication, November 2014

Quick Links

This page last edited on 17 January, 2019

The materials on this website may be copied for non-commercial use as long as our copyright notice and website address are included.

Copyright 2014 - All Rights Reserved - KwaZulu-Natal Department of Health

Disclaimer Website by KZN Department of Health