Durban — The South African Private Ambulance & Emergency Services Association (SAPAESA) has expressed its concern with the continuous use of unlicensed event medical service providers by event organisers.
“SAPAESA has noticed with concern, the ongoing utilisation of unlicensed ambulance services for the provision of event medical services at a variety of events in various categories, including but not limited to school sporting events, product launches, festivals and concerts across South Africa,” said chief executive Oliver Wright.
In terms of the National Health Act, 2003, Emergency Medical Services Regulations, any organisation in South Africa that is operating an emergency medical service, including an event medical service, must be issued with a provincial Department of Health Emergency Medical Services Licence. It is illegal for any organisation or person to operate an event medical service without having a current, Department of Health Emergency Medical Services Licence in place.
Part 6 – Miscellaneous Provisions, Offences and Penalties states the following:
“30. A person who –
a) establishes, operates, extends, manages, controls an Emergency Medical Service, or who changes the ownership of, renames, temporarily or permanently relocates the resources, or alters the services of, an Emergency Medical Service without a licence or without complying with these Regulations;
is guilty of an offence and liable, on conviction to a fine not exceeding R500 000 or imprisonment for a period not exceeding five (5) years or both, such fine and imprisonment for a period not exceeding five (5) years.”
“A person who contracts an unlicensed ambulance service for the purpose of providing event medical services may be considered to be extending an emergency medical service, and may subsequently be liable to a fine not exceeding R500 000, or imprisonment not exceeding five years, or both, upon conviction,” Wright said.
“It is therefore important to note that not only is it illegal for a person to operate an unlicensed emergency medical service, but it may also be illegal for you as the responsible person to contract with an unlicensed emergency medical service for the provision of event medical services.”
In addition to the above requirements, The National Health Act, 2003, Regulations Relating to Emergency Care at Mass Gathering Events, also adds the following guidance regarding the utilisation of emergency medical service providers at events:
“Responsibilities of event organiser
3. The event organisers must –
(5) appoint for the event, an event medical service provider who is licensed in terms of the Emergency Medical Services Regulations and whose duties must include responsibility for health and medical services at the event;”
Further, the Regulations Relating to Emergency Care at Mass Gathering Events also states:
“Responsibilities of event medical service provider
4. The event medical service provider must –
(1) be licensed as such in terms of the Emergency Medical Services Regulations;”
The Regulations Relating to Emergency Care at Mass Gathering Events specifies the following regarding offences:
“Offences and penalties
14. A person who contravenes a provision of these Regulations is guilty of an offence and is liable, on conviction, to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.”
Wright said that it is thus very clear that the event organiser carries direct risk and potential liability for the appointment of an emergency medical service provider at an event, which is not licensed by the provincial Department of Health in terms of the Emergency Medical Services Regulations.
“Event organisers are required to adhere to the Regulations Relating to Emergency Care at Mass Gathering Events at all times. SAPAESA has requested our licensed Emergency Medical Service members to report any event organisers who are making use of unlicensed emergency medical service providers, to SAPAESA,” Wright said.
“SAPAESA will subsequently be reporting these same event organisers to both the Department of Health as well as the South African Police Services and will be requesting both of these organisations to investigate and hand over for prosecution any event organisers who are suspected of appointing unlicensed event medical service providers.”
Wright also reminded event organisers that if they do make use of an unlicensed emergency medical service for event medical provision, and should any liability arise due to any malpractice by the unlicensed emergency medical service, it is likely that any liability insurance policies that they may have in place for the event in question will not provide you with any cover associated with the malpractice of the unlicensed emergency medical service provider.
He said that in this instance, it is likely that either you as the representative of the event management company, the event management company itself, or a combination of the two may be held personally liable for any potential civil litigation that may be associated with the malpractice of the unlicensed event medical service.
“It is also illegal for an unlicensed event medical service provider to practise under the licence of a third-party emergency medical service. The event medical service provider that you contract for your event must be directly licensed by your respective provincial Department of Health,” Wright said.
A listing of SAPAESA members offering event medical services across South Africa can be found at https://sapaesa.co.za/member-directory/
Wright said that all SAPAESA members hold valid Department of Health Emergency Medical Services licences.
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