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Draft Regulations on Assisted Conception Drawn Up

March 29, 2021

Department of Health

Draft Regulations Relating to Assisted Conception of Persons have been drawn up.

The health department published the draft Regulations in Government Gazette 44321 for comment.

They were drawn up in terms of the National Health Act.

According to the draft Regulations, “assisted conception means an in vitro fertilisation and includes an intracytoplasmic sperm injection and intrafallopian tube embryo transfer”.

The draft Regulations apply to donated gametes from and for use in all in vitro fertilisation procedures on living persons performed in an in vitro fertilisation clinic.

The draft Regulations focus on application for authorization certificate; withdrawal or procurement and storage of gametes; compensation in respect of withdrawal or procurement of gametes; establishment of a central data bank; restriction on donation of gametes; prerequisites for procurement or withdrawal of gametes; gamete donor files, availability of information and destroying of gametes; place where and person who effects assisted conception; control over assisted conception; requirements for assisted conception; recipient files and availability of information; reporting of births by competent person and appeals.

Comment is invited within three months of the date of publication.

Meanwhile, in Gazette 44322, the department announced the exclusion of Schedule 2, Schedule 3 and Schedule 4 substances from the requirement in Section 22A(6)(f) of the Medicines and Related Substances Act that substances may be dispensed for no longer than six months.

According to the department, Schedule 2, Schedule 3 and Schedule 4 substances can be dispensed for 12 months from the date of issue of a prescription.

The notice came into effect on the date of publication and applies for 18 months.

In Gazette 44323, the department announced the appointment of members of the professional boards of the Health Professions Council of South Africa in terms of the Health Professions Act.

The appointments apply from 1 November 2020 until 31 October 2025.