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HPCSA disciplinary committee rulings for October 2021

A doctor fined R50,000 for running a practice ill-equipped to deal with emergencies and another suspended for five years for failing to investigate or manage a patient. MedicalBrief’s roundup of recent findings by the disciplinary committees of the Health Professions Council of SA.

October 2021 disciplinaries

Mr L Bosman (OS 0008010/23098390)
Medical orthotist and prosthetist
Complaints
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about 2016 and 2018, or part/s thereof, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you fraudulently claimed from a Medical Scheme for services not rendered.
Counts 2 and 4
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2015 and 2018, or part/s thereof, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you gave her some perverse incentive/s.
Counts 3, 5 ,6, 7, 8, 9, 10
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, during the period between 2016 and 2018, or part/s thereof, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you fraudulently claimed from a Medical Scheme for services not rendered
Penalty
The Professional Conduct Committee found Mr Bosman guilty on Counts 1, 2, 3,
4, 5 & 10. He was found not guilty on Counts 6, 7, 8 & 9. The penalty imposed for Counts 1, 2, 3, 4, 5 & 10 is:
• Three (3) years suspension from practice, wholly suspended for five years on condition he is not found guilty of a similar offence committed during the period of suspension.
• Further, to attend an ethical course on procuring patients and claims from the medical aid schemes at a recognised institution in the Republic of South Africa; and further, submit quarterly reports of such attendance to HPCSA.
• A fine of R70,000.00, payable within two months.

Mr MS Mkhatshwa (PS00111266/22856026)
Psychologist
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or during the period April 2017 to October 2017, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you fraudulently used practice number to claim from Medscheme for professional services not rendered.
Penalty
The Professional Conduct Committee charged the respondent with one count of unprofessional conduct. The respondent was found guilty and sanctioned as follows:
A fine of R50 000 imposed, R20 000 to be suspended for a period of three years on condition the respondent is not found guilty of a similar offence during the suspension period: R30 000 to be paid on or before 28 December 2021.

Dr G Mutswana (MP0561444/161105414)
Medical practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during February 2015, in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you exposed the patient/s to danger in that you:
1.1 exposed patients to drugs
1.2 ran an ill-quipped practice to deal with emergencies.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during February 2015, you acted in a manner that is not in accordance with the norms and standards of your profession in that you kept poor clinical records.
Penalty
The respondent pleaded guilty. He was found guilty on all charges and sentenced to pay a fine of R50 000. An amount of R30 000 was suspended for a period of two years on condition that he is not found guilty of a similar offence during the period fo suspension: R20 000 to be payable in equal monthly instalments from end of October.

Ms K Songo (PRC 0029823/24329822)
Registered counsellor
Complaints
Counts 1-30
THAT you are guilty of unprofessional conduct and which when regard is had to your profession, is unprofessional in that on or about May 2018, you and/or your practice claimed for services not rendered in respect of a Medical Aid Member, from a Medical Aid.
Penalty
The Professional Conduct Committee found the respondent guilty and sanctioned as follows: three years’ suspension, suspended for a period of five years on condition that she does not commit a similar offence during period of suspension. She must attend training on practice management and ethics within six months from date of sentence. A R30,000 fine payable in 12-monthly instalments. To also cooperate with law enforcement officers in fraud cases.

Ms WF Hay (PS 0073423/23930742)
Psychologist
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between the period 2012 – 2018 in respect of your patient, you, acted in a manner that is not in accordance with the norms and standards of your profession in that you issued a report about your patient that was not based on a comprehensive assessment.
Penalty
The Professional Conduct Committee considered this matter in October 2021. The respondent was charged with one count of unprofessional conduct and found guilty. A fine of R10,000.00 was imposed, half of which was suspended on condition she does not commit a similar offence during the period of suspension. The respondent must pay the admission of guilt fine of R5,000.00.
The respondent is ordered to attend an ethics course of which upon completion, proof must be submitted to HPCSA before she registers for 2022.

Dr B Offiong (MP 004227977/2386162)
Medical practitioner
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or between the period October 2020-February 2021 in respect of your patients, you and your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you failed to investigate and manage a patient; and/or you employed an unregistered person in your practice whose identity is unknown to the Council.
Penalty
The respondent is guilty of employing an unregistered person and is suspended from practice for a period of five years, effective immediately.

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