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.

To view the full act, click here