Inappropriate advice for treating a child, drug dependency, and unregistered acupuncture were among the cases considered by the Health Professions Council of SA between mid-August and early October.
August judgments
Dr V Titus (MP 0405639/230328- 000003)
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 on or about 12 January 2023, in respect of a minor child (hereinafter referred to as your patient) you provided insufficient care to your patient.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about 12 January 2023, in respect of a minor child (hereinafter referred to as your patient) you were incompetent in the management of a paraxial child with seizures in that you gave questionable advice to a junior who was caring for the child.
Penalty
1. The respondent, was charged with two counts of unprofessional conduct in that he provided insufficient care to the patient and gave inappropriate advice to the Medical Officer. The respondent was found guilty, and the following sanction was imposed:
Suspension from the register for one year, with the operation thereof suspended for one year on the following conditions: that the respondent must not be found guilty of a similar offence during the suspension and that the respondent must attend a course on neonatal within a period of a year.
Should the respondent fail to comply with any and/or all the conditions, the suspension will be put into operation.
Mr Joshua Olalere (PT 01177480-230414- 002222)
Physiotherapist
Complaint
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 January 2023, you and/or your practice, acted in a manner not in accordance with the norms and standards of your profession, in that you practised beyond the scope of practice for which you have been registered with the Allied Health Professions Council of South Africa, by performing acupuncture.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about January 2023, 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 did not have an understanding of the scope and techniques of your profession which you were supposed to administer as a physiotherapist, resulting in incompetence.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about January 2023, you and/or your practice, acted in a manner that is not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice exposed your patient to danger and/or harm.
Alternative Charge
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about January 2023, you and/or your practice, acted in a manner that is not in accordance with the norms and standards of your profession in respect of your patient, in that you and/or your practice were negligent in the treatment of your patient when you performed acupuncture technique, for which you did not have an understanding of your scope and the techniques.
Penalty
The Professional Conduct Committee found the respondent guilty of counts 1, 2 and alternative charge to count 3.
The respondent was suspended from practice for 12 months and six months suspended on conditions for three years, six months effective immediately. After expiry of the six months, he must submit proof that he is registered with the Society of Physiotherapy, attended a course of practice on management with the Society of Physiotherapy, and a course on needling registered with the Society of Physiotherapy.
September
Dr MJ Amsini (MP 0772500/231128- 002780)
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 on or about or during the period September 2021 and September 2022, or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), to practise your profession under independent practice, you acted in a manner not in accordance with the norms and standards of your profession in that you were in the full time employment of Prof K Mathews Hospital in Barkley West, Northern Cape Province, which is a state hospital, and operated a private practice without the necessary permission from the state.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about or during the period September 2021 and September 2022, or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), to practise your profession in the public service, you acted in a manner not in accordance with the norms and standards of your profession in that you were in the full time employment of Prof K Mathews Hospital in Barkley West, Northern Cape, which is a state hospital, and employed as locums health practitioners registered to practise their profession in the public service with the HPCSA at your private practice.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about December 2024 and February 2024, or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), you acted in a manner that is not in accordance with the norms and standards of your profession in that you failed to provide the HPCSA with an explanation when you were required to do so, thereby being in contempt of council.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and sentenced as follows:
• Count 1: Not guilty.
• Count 2: Guilty, sentenced to a fine of R15 000;
• Count 3: Guilty, sentenced to a fine of R10 000
The sum of R25 000 is payable within 30 days from today.
Ms S Le Roux (OP 0030309/230906- 013950)
Optometrist
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended, is unprofessional in that on or about 2023 and/or portions thereof, in relation to your patient, you acted in a manner not in accordance with the norms and standards of your profession in that you disclosed of confidential information of a patient.
Penalty
The respondent was found guilty and sanctioned as follows: R25 000 fine, suspended for two years on condition she is not found guilty of a similar offence during the period of suspension; the respondent must also provide a written apology to the complainant; and further, she must do a a course on Ubuntu for CPD.
October
Dr R SMIT (MP 0293741/230515- 006840)
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 about May 2023, you abused medication and used your professional registration to aid access to schedule 5 and 6 medication.
Penalty
The respondent was charged with one count of unprofessional conduct in that she abused medication and used her professional registration to aid access to schedule 5 and 6 medication. The committee returned a guilty verdict.
The following sanction was imposed: she is suspended from the register of practitioners for three years. However, the operation thereof is suspended for three years on the following conditions:
• That she is not found guilty of a similar offence during the period of suspension;
• That she must not, during the period of suspension, prescribe any medication.
• That she must attend a course that is HPCSA approved to assist her to be rehabilitated or weaned off medication (OxyNorm).
• Attend an ethics course with no less than 15 CPDs three years
• It is recommended that she must approach the Health Committee to assist her with rehabilitation or being weaned off the medication. Therefore, she must approach the Health Committee within 60 days from today
See more from MedicalBrief archives:
Fines and suspensions handed down in HPCSA disciplinaries (Open access)
HPCSA disciplinaries: negligence, fraud and sexual impropriety
HPCSA disciplinaries: sexual abuse, and failure to diagnose chronic disease