Disciplinary proceedings against healthcare practitioners facing criminal charges: The role of the Health Professions Council of South Africa
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Abstract
The purpose of this article is to address the questions as to whether a criminal conviction of a healthcare practitioner should affect his or her professional standing, and whether such conviction constitutes ‘unprofessional conduct’ in terms of the Health Professions Act. The article also explores a related matter, namely whether the Health Professions Council of South Africa (HPCSA) has a legal duty to refer complaints regarding unprofessional conduct that displays criminal elements for criminal prosecution. After considering relevant case law on these issues, the article concludes that a practitioner, after being convicted of an offence, should be afforded an opportunity to explain him- or herself to the board, not only in extenuation of the conduct in question, but also in response to the question of whether the conduct constitutes improper or disgraceful conduct. Moreover, the article explains why the HPCSA and professional boards have a legal duty to refer matters of unprofessional conduct with criminal elements in terms of section 34 of the Prevention and Combating of Corrupt Activities Act to law enforcement agencies.
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References
National Department of Health, South Africa. Health Professions Act No. 56 of 1974.
Saner J. Medical Malpractice in South Africa. LexisNexis, 2018 (2020 update). Chapter 7.
Van der Walt v S [2020] ZACC 19 para 18.
South Africa. Health Professions Act No. 56 of 1974. S 15.
South Africa. Health Professions Act No. 56 of 1974. S 1.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06para 11.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06 para 3.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06 para 4.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06 para 7.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06 para 18.
South Africa. Health Professions Act No. 56 of 1974. S 45(2).
Cruess SR, Cruess RL. Medicine and society professionalism and medicine’s social contract with society: An overview of the origins of the social between physicians and society, with expectations and demands on both parties. Virtual Mentor 2004;6(4):185.
Health Professions Council of South Africa and Others v Grieve 1356/2019, [2021] ZASCA 06 para 14.
South Africa. Health Professions Act No. 56 of 1974. S 41A(5)(b).
South Africa. Health Professions Act No. 56 of 1974. S 41A(5)(c).
Veriava v President, South African Medical and Dental Council 1985 (2) SA 293 (T).
South Africa. Health Professions Act No. 56 of 1974. Ss 42(8) and 42(9)
Van der Walt v S [2020] ZACC 19 paras 35-38.
South Africa. Health Professions Act No. 56 of 1974. S 17(2)
South Africa. Health Professions Act No. 56 of 1974. S 17(3) South Africa. Health Professions Act No. 56 of 1974.
South Africa. Health Professions Act No. 56 of 1974. S 45(1) 1991 (3) SA 203 (A). 23. 1991 (3) SA 203 (A).
Suid-Afrikaanse Geneeskundige en Tandheelkundige Raad v Strauss en Andere (136/90) [1991] ZASCA 39; paras 28-29.
South Africa. Health Professions Act No. 56 of 1974. S 42(2)
South Africa. Health Professions Act No. 56 of 1974. S 42(2) S 42(4)(c)
National Department of Justice and Constitutional Development. Prevention and Combating of Corrupt Activities Act No. 12 of 2004.
Ethical and Professional Rules of the Health Professions Council of South Africa (2016). Booklet 2.