A group of doctors who studied at overseas universities and hoped to return home to practise medicine in South Africa, have accused the Health Professions Council (HPCSA) of hindering them with obstacles that are “arbitrary, unreasonable and make no sense”, reports Sunday Tribune.
Dr Kimira Rugnath and 93 others have now lodged a class-action lawsuit in the Pretoria High Court against the HPCSA, the statutory body that regulates the healthcare profession.
Sunday Tribune reports that the HPCSA is listed as the first respondent and the others are the Medical and Dental Professional Board (second respondent) and the Minister of Health. All 94 doctors are affiliated with the South African Internationally Trained Health Professionals Association (SAITHPA), the organisation advancing their integration fight.
Two thorny issues formed the crux of the doctors’ court application.
The first was the HPCSA’S rules, regulations and conditions which they deem “unnecessary” and which “hindered” their attempts to register with the first two respondents.
Registration gives the doctors the opportunity to write the HPCSA’S board exams and, if completed successfully, they become eligible to complete their internship, community service and practice in South Africa.
Board exams comprise theoretical and practical segments.
A requirement for registration is that the foreign universities, where applicants studied, must be listed in the World Directory of Medical Schools (WDMS) and their qualifications verified and authenticated by the US-based Educational Commission for Foreign Medical Graduates (ECFMG).
The second respondent relies on ECFMG’S verification process to authenticate credentials of foreign-qualified graduates who plan to practise medicine in the country.
However, the affected doctors have also been asked to acquire accreditation letters from two international medical councils that recognise their qualifications.
The applicants believe such requirements are “arbitrary, unreasonable and almost impossible to achieve” as international medical councils refused to provide such letters because only the ECFMG had jurisdiction to accredit qualifications.
Their understanding was that if a university were listed on the WDMS and the resulting qualification from the institution were authenticated by the ECFMG, it was in alignment with the Health Practitioners Act of 1974, and thus sufficient for a board exam sitting.
The second perplexing issue for the applicants were the HPCSA’S regulations on exams.
Each doctor is given three attempts to pass the board exam (theory and practical). An attempt constitutes one theory and possibly two practical exam sittings. When a graduate fails the practical aspect a second time, they are expected to start a next attempt, beginning with the theory exam. A fourth attempt is possible, at the board’s discretion, after a one-year wait.
The applicants cannot understand why the entire board exam process has to be repeated, if they failed the practical exam for the second time. They believe that such a decision was taken without “meaningful reason” and they are yet to receive an explanation.
Another HPCSA decision the doctors contested was the two respondents’ failure to provide candidates with exam scripts and their marking memorandum, in spite of the request being made in accordance with the Promotion of Access to Information Act.
SAITHPA asked the Office of the Public Protector to investigate the matter a year ago. Despite the PP ruling that the information should be released, the respondents have not complied.
The Tribune says the doctors applied to the court to have the various rules and regulations affecting them reviewed and set aside.
Louise du Plessis, the attorney representing the doctors, said many parents who were still funding the graduates found the HPCSA’S actions frustrating, especially when there was a dire need for doctors. “What the HPCSA is doing doesn’t make sense,” she said.
The HPCSA did not respond to questions.
Sunday Tribune PressReader article – Doctors frustrated in bid to work in SA (Open access)
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