What is the HPCSA: A Comprehensive Guide.

If you're wondering about the HPCSA, let us provide you with a detailed overview. HPCSA stands for the Health Professions Council of South Africa. It is a statutory body established under the Health Professions Act. The HPCSA plays a crucial role in regulating healthcare professionals in South Africa.

Understanding HPCSA Complaints

A HPCSA complaint refers to a formal investigation into allegations, charges, or complaints of unprofessional conduct against any individual registered with the HPCSA. Practitioners may receive two types of complaints:

1. Complaints from the Office of the Ombudsman.

2. Complaints from the Complaints Handling Unit and Investigations Office.

Who Can File a HPCSA Complaint?

Anyone, whether a natural person, juristic person, group, healthcare facility, professional body, or teaching/training institution, can lodge a complaint against a practitioner. It's worth noting that medical schemes often file complaints against practitioners regarding questionable billing practices.

What to Do When You Receive a HPCSA Complaint

If you find yourself facing a HPCSA complaint, follow these steps:

Step 1: Verify

• Double-check the complainant's and/or patient's details to ensure that you are the correct recipient of the complaint.

• Make a note of the submission due date, which is the deadline for submitting your explanation to the complaint.

Step 2: Give Notice

• Immediately contact your attorneys and professional indemnity insurers for assistance.

Step 2: Records

• Confirm if you have received all the documents referenced in the complaint. If any are missing, request them.

• Retrieve the patient's file and any other relevant records related to the complaint. If necessary, obtain copies of relevant medical records if they are no longer in your possession.

• Keep a separate file for complaints records that should not be included in the patient's medical records.

Step 3: Prepare a Response

• Carefully review important information, including relevant dates and supporting documentation.

• Gain a clear understanding of the complaint's details and nature before providing a comprehensive response.

• Once your response is complete and has been reviewed and approved by your attorneys and insurer(s), submit it to the HPCSA Preliminary Committee of Inquiry.

Admission of Guilt

In cases involving minor transgressions, practitioners have the option to pay an admission of guilt fine. By doing so, they admit guilt and avoid an inquiry before the Professional Conduct Committee. However, it's important to note that paying such a fine will result in an endorsement on the practitioner's Certificate of Good Standing. This endorsement may have adverse implications for practitioners seeking registration with professional bodies in foreign countries.

HPCSA Preliminary Committee of Inquiry

The HPCSA Preliminary Committee of Inquiry carefully considers the complaint and the practitioner's response. Based on this assessment, it may reach one of three findings:

1. Finding of No Guilt: If there is no evidence of unprofessional conduct by the practitioner, the matter is closed.

2. Request for Further Information/Consultation: The committee may require additional information or consultation with the practitioner or any other relevant party to make an informed decision.

3. Finding of Guilt: If the practitioner is found guilty of unprofessional conduct, they will be charged via a charge sheet with unprofessional conduct.

Guilty - Preliminary Committee of Inquiry

In cases where the Preliminary Committee of Inquiry finds guilt, it distinguishes between minor and major transgressions:

• Minor Transgression: A finding of guilt for a minor transgression will result in a penalty. Practitioners have the option to pay an admission of guilt fine to avoid an inquiry before the Professional Conduct Committee. However, this payment will result in an endorsement on the practitioner's Certificate of Good Standing, which may have adverse implications for practitioners seeking registration with professional bodies in foreign countries.

• Major Transgression: A finding of guilt for a major transgression will lead to a Professional Conduct Inquiry.

Professional Conduct Inquiry

A Professional Conduct Inquiry resembles a trial, with the practitioner and the HPCSA presenting their own factual and expert witnesses and cross-examining them. Following the inquiry, the Professional Conduct Committee makes a finding, which can be appealed by either the practitioner or the HPCSA.

Sanctions

In cases where a practitioner is found guilty of unprofessional conduct, the following sanctions may be imposed:

• Caution, reprimand, or both

• Prescribed fine

• Cost order for payment of proceedings, restitution, or both

• Compulsory period of professional service determined by the professional board

• Suspension for a specified period from practicing or performing acts related to the profession

• Removal of the practitioner's name from the register

The HPCSA publishes its findings on its website. However, it's important to note that the HPCSA does not have jurisdiction to award damages to complainants.

Appeals Against HPCSA Sanctions

Practitioners who are dissatisfied with any decision made by the HPCSA have the right to appeal to the High Court against such a decision.

Civil & Criminal Liability in HPCSA Proceedings

It's crucial to understand that the proceedings before the HPCSA can be used against a practitioner in subsequent HPCSA proceedings, civil cases, criminal cases, or inquest proceedings. The HPCSA is obligated to keep recordings of all inquiries, and upon written request and payment of the associated costs, provide a copy of the transcription to the complainant, respondent, or any other party deemed to have a substantial interest in the matter.

If you require assistance with Professional Conduct Inquiries, our professional indemnity attorneys possess extensive experience in representing both practitioners and complainants. Feel free to contact our offices for further information.