menu-hamburger-svgrepo-com

HPCSA – primary guardian of morals of the health profession

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

The doctor argued before the HPCSA that the Professional Conduct Committee lacked jurisdiction to prosecute him on the basis that the charges did not constitute unprofessional conduct as envisaged in the Health Professions Act, 1974 in that the charges did not relate to the health profession.

Section 41(1) of the Act confers powers on the Professional Boards of Council to “institute an inquiry into any complaint, charge or allegation of unprofessional conduct against any person registered under the Act”.  The only issue to be decided on was whether the conduct complained of would constitute unprofessional conduct.

Unprofessional conduct is defined in the Act as “improper or disgraceful or dishonourable or unworthy conduct or conduct which, when regard is had to the profession of a person who is registered in terms of this Act is improper or dishonourable or unworthy”.  The Court held that this definition does not confine the HPCSA’s jurisdiction to the conduct of rendering health services.

It was held that the HPCSA bears extensive supervisory functions and that it is not merely a medical malpractice watchdog, but is also the primary guardian of morals of the health profession.

While a criminal conviction may trigger disciplinary proceedings, the HPCSA’s disciplinary functions are not limited to instances where there has been criminal conviction.  The HPCSA has an underlying duty to act against conduct that is improper, unethical, dishonourable, disgraceful and unworthy.

The essence of the charges are that the doctor used his access to his patients to unduly benefit himself and his companies, to the prejudice of his patients.

The jurisdictional bases for the HPCSA’s disciplinary authority are registration, by the health professional concerned with the HPCSA and allegations which, if proved, would constitute improper, disgraceful, dishonourable or unworthy conduct.  A doctor patient-relationship is not a prerequisite for the HPCSA’s jurisdiction.

The allegations made against the doctor, if proved, would constitute unprofessional conduct which would mean that disciplinary proceedings would have to be instituted against him.  The matter was referred back to the Professional Conduct Committee.

It is clear from the judgment that the HPCSA remains tasked with being the moral compass of the health profession and that its jurisdiction is not confined to complaints that relate only to the practice of medicine.

This case is The Health Professions Council of South Africa and Others v Grieve, (1356/2019) [2021] ZASCA 06 (15 January 2021).

 

Written by Natasha Naidoo, Senior Associate, Norton Rose Fulbright SA Inc, and Hishaam Khan, Candidate Attorney, Norton Rose Fulbright SA Inc.

Suggested Articles

Suggested Clinical & CPD content

CPD: 1pt
CPD: 1pt

Related articles

Welcome to Medical Academic​

Get the most out of Medical Academic by telling us your occupation. This helps us create more great content for you and the community.

idea

1000’s of Clinical and CPD content compiled by Key Opinion Leaders and our expert medical editors.

connection

Access to medical webinars and events

Group 193

Access medical journals from industry leaders and expert medical editorials.

Congratulations! Your account was successfully created.

Please check your email for an activation mail. Click the activation link to activate your account

Stay up to date

Search for anything across CPD, webinars and journals
idea

1000’s of Clinical and CPD content compiled by Key Opinion Leaders and our expert medical editors.

connection

Access to medical webinars and events

Group 193

Access medical journals from industry leaders and expert medical editorials.

Congratulations! You have successfully booked your seat.

All webinar details will be emailed to your email address.

Did you know, you can book future webinars with a single click if you register an account with Medical Academic.

Congratulations! Your account was successfully created.

Your webinar seat has been booked and all webinar details will be emailed to your registered email address

Why not register for Medical Academic while booking your seat for this webinar?

Future Medical Academic webinars can be booked with a single click, all with a Medical Academic account… and it’s FREE.

Book webinar & create your account

* (Required)

idea

1000’s of Clinical and CPD content compiled by Key Opinion Leaders and our expert medical editors.

connection

Access to medical webinars and events

Group 193

Access medical journals from industry leaders and expert medical editorials.

Congratulations! Your account was successfully created.

Thank you for registering. You can now log in to your account.

Create your account

* (Required)

Login with One Time Pin (OTP)

Enter your registered email address to receive an OTP

A verification code will be sent to your email address. Please ensure that admin@medicalacademic.co.za is on your safe sender list.

We've sent your OTP