Monday, 6 May, 2024
HomeMedico-LegalHPCSA issues fines for expired medicines and false representation

HPCSA issues fines for expired medicines and false representation

Fines and suspensions – for cases including expired medicine, partnering with unregistered staff, and false representation – are among the penalties recently handed out by the Health Professions Council of SA.

October

Dr JD Maree (KTG0001058/23952186)
Clinical technologist

Complaint
That you are guilty of unprofessional conduct or conduct which is unprofessional in that on or about January 2020 until December 2020, you acted in a manner not in accordance with the norms and standards of your profession:

1. You engaged in undesirable business practice or model, and were in a partnership or in association with a person not registered under the Health Professions Council of South Africa.
2. You are guilty of unprofessional conduct in that you employed an unregistered person at your Eastern Cape practice.

Penalty
The respondent was found guilty on both charges and sentenced to pay a fine of R45 000 within three months, and R15 000 a month until the amount is fully paid up: first payment was due at the end of October.

Dr M Ahmed
(MP 0228010/21091840)
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 February 2017, you and/or your practice acted in a manner not in accordance with the norms and standards of your profession in that you:

1. were found with illegal possession state-owned medication
2. were found with illegal possession of expired medication; and
3. were found with illegal possession of unregistered medication.

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 February 2017, you and/or your practice failed to keep proper medical records of your patients.

Count 3
That you are guilty of unprofessional conduct or conduct ..and on or about February 2017, you and/or your practice failed to keep a register of schedule 6 medicines.

Count 4
That you are guilty of unprofessional conduct or conduct … and that you issued a medical certificate to your patient without examining him.

Penalty
1. The respondent was charged with one count of unprofessional conduct, with three sub counts in that he was found in:
(i)  possession of state-owned medication;
(ii)  illegal possession of expired 
medication;
(iii)  illegal possession of 
unregistered medication.

2. The respondent professional conduct committee returned a guilty verdict and imposed the following penalty:
a. Fined R100 0000 payable over six months

3.1 Furthermore, the respondent is suspended for 12 months wholly suspended for three years on condition he is not found guilty of a similar offence during the suspension.
3.2 The medication seized is forfeited to SAHPRA.

Dr C De Hoog
(MP 0285137/21340386)
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 August 2017 in respect of the deceased patient, you acted in a manner not in accordance with the norms and standards of your profession in that you:

1. incorrectly prescribed a medication known as Zanidip to the deceased, thereby causing an adverse reaction;
2. failed to provide adequate care, treatment and management of the deceased.

Penalty
The respondent was found guilty on count 1.2: “failed to provide adequate care, treatment and management of the deceased” and sanctioned as follows: R20 000 fine and suspended from practice for  three months, wholly suspended for 12 months; on condition he is not found guilty of a similar offence during that period.

November

Dr SRS Zondo
(MP 0733806/24836214)
Medical Practitioner

Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession is unprofessional, in that during January 2022, you acted in a manner not in accordance with the acceptable norms and standards of your profession in that you issued sick notes without examining your patient.

Penalty
The respondent was fined R100 000 payable to the Health Professions Council of South Africa within three months, plus a one-year suspension, of which six months comes into operation with immediate effect and the other six months is wholly suspended for five years on condition he is not again found guilty of a similar offence.

December

Mr AT Hobjane (TT0008842 / 24911470 )
Dental therapist

Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period of August 2018 to November 2019, you acted in a manner not in accordance with the norms and standards of your profession in that you:

1.1  charged for services not rendered; and/or
1.2  engaged in undesirable business practice by continuing to practise while suspended; and/or
1.3  advertised yourself as a dentist while you are not; and/or
1.4  defeated or obstructed the ends of justice by denying the HPCSA official access to conduct an inspection at your premises.

Penalty
The respondent was sentenced to pay R45 000, with R15 000 payable immediately. The amount of R30 000 was payable in two equal instalments starting from 29 December 2023.

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