KZN fertility clinic fears draft regulations

Too early for legal intervention: judge

THE Pietermaritzburg Fertility Clinic and three of its doctors have tried to stop specific definitions in a draft regulation by Health Minister Dr Zweli Mkhize relating to reproductive medicine.

They said they feared he would enact legislation which would make it difficult for these clinics to operate.

The clinic turned to the Gauteng High Court, Pretoria, regarding the definition of “competent person”, to which it objected. They say the new regulation, if enacted, will cause many doctors not to meet the requirements.

The 2012 regulations, which are still in force, say no person other than a “competent person” may perform certain procedures essential to the process of artificial fertilisation.

The court was told that “competent person” in this sense meant a medical practitioner specialising in gynaecology, with training in reproductive medicine.

The clinic said the draft regulation proposed a change in the definition of “competent person”.

If it was adopted, it would limit this category to a person who was a medical practitioner registered with the Health Professions Council of South Africa (HPCSA), with expertise in specialist gynaecologist and sub-specialist in reproductive medicine, or a trainee in reproductive medicine in a training unit under the supervision of a registered sub-specialist.

Thus, if the draft regulation went ahead, it would set the bar much higher and the medical practitioners who already work in this field, would have to undergo additional training.

The clinic in Pietermaritzburg is the only one of its kind in the area. It provides all services related to reproduction and artificial fertilisation.

With the 2012 regulations still in force, its doctors comply with the definition of “competent person” and they can continue with their services.

But they fear that if the draft regulation comes into force, it will be a different story. The clinic said its doctors were not registered with the HPCSA as having a sub-specialisation in reproductive medicine.

They argued that it would be very difficult for them to find positions as trainees in reproductive medicine in view of the limited training positions available, especially in KwaZulu-Natal.

The clinic argued that it would not only affect them, but in setting the bar so much higher would cause all in vitro fertilisation in the country to come to a standstill.

But counsel for the minister made it clear that nothing was cast in stone and that the regulation was in its first-draft form. It was argued that this legal challenge was premature as government was still waiting for input on the subject.

Judge Raylene Keightley agreed and said the draft regulation was nothing more than a draft. “This is the type of case that must await the finalisation of that process before it would be competent for a court to intervene,” she said.

“...the new regulations, if enacted, will cause many doctors not to meet the requirements.