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HomeMedico-LegalHPCSA rules against radiographer, biokineticist, podiatrist, psychologist ...

HPCSA rules against radiographer, biokineticist, podiatrist, psychologist …

Unauthorised procedures, disclosing confidential information and refusing emergency treatment … these were among the charges against healthcare professionals which the Health Professions Council of SA (HPCSA) ruled on in April and May.

April 2024

Ms S Breytenbach, Ms G De Jongh & Ms J Veldman
(SDR 0011924/24920310; SDR 0011932/249203306 & SDR 0011916/24920324)
Supplementary diagnostic radiographers

Complaint
Ms S Breytenbach
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, in respect of your registration with the Board for Radiography & Clinical Technology, you acted in a manner not in accordance with the norms and standards of your profession in that you:
1.1  practised beyond the scope of your own profession; and/or
1.2  exposed your patients to danger, harm and undue radiation by
performing the bone densitometry.
which is outside the scope of your registration and or practice.

Ms G De Jongh
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, in respect of your registration with the Board for Radiography & Clinical Technology, you acted in a manner not in accordance with the norms and standards of your profession in that you:
1.1  practised beyond the scope of your own profession; and/or
1.2  exposed your patients to danger, harm and undue radiation by
performing the bone densitometry which is outside the scope of your registration and or practice.

Ms J Veldman
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that, in respect of your registration with the Board for Radiography & Clinical Technology, you acted in a manner not in accordance with the norms and standards of your profession in that you:
1.1 practised beyond the scope of your own profession; and/or 1.2 exposed your patients to danger, harm and undue radiation by performing the bone densitometry which is outside the scope of your registration and or practice.

Penalty
Ms G De Jongh and Ms J Veldsman were found not guilty of both charges against them and discharged.
Ms S Breytenbach was found guilty of acting beyond the scope of her profession and exposing her patients to danger.
The committee imposed a caution and reprimand against her.

May 2024

Mr G Moolman (Bk0016578/230220-001628)
Biokineticist


Complaint
Count 1: 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 2023 or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), you acted in a manner not in accordance with the norms and standards of your profession in that you permitted your wife to draw attention to your actual or potential patients either verbally or by means of printed or electronic media; post and promote your business services on your behalf in relation to your personal qualities, superior knowledge, quality of service, professional guarantees or best practice.

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 2023 or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), to practise your profession, you acted in a manner not in accordance with the norms and standards of your profession in that you engaged in undesirable improper business practise or models by promoting prices and discounts for your services by drawing attention of your actual or potential patients either verbally or by means of printed or electronic media.

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 or during 2023 or portions thereof, as a registered practitioner with the Health Professions Council of South Africa (HPCSA), you acted in a manner not in accordance with the norms and standards of your profession in that you engaged in undesirable business practise or models by preferential selling or promotion of a medical device.

Penalty
The respondent was guilty of Count 1 and Count 3 and not guilty on Count 2. He was fined R20 000, (single payment) and R10 000 payable in equal instalments for five months, from 31 May 2024.
The remaining R10 000 is suspended for two years on condition he is not found guilty of having committed similar offences on Count 1 and 2, and further that the attend online courses related to HPCSA during the two years.

Ms Seema
(CH 0005096/230719-015805)
Podiatrist

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 the year 2023 and/or portions thereof, you were practising while suspended for failure to pay annual fees.

Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from March 2021-September 2021, you and/or your practice claimed for services not rendered from your patients’ medical aid scheme.

Penalty
The Professional Conduct Committee found the respondent guilty on Count 1 and not guilty on Count 2 and imposed a caution and reprimand.

Ms Somla (PS 0134988/23106-007245 and 231011-015016 and 230612- 000466)
(Psychologist)

Complaint
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during the period September 2018 to April 2023, you and/or your practice disclosed confidential information of the daughter of your patient without her consent.

That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during the period September 2018 to April 2023, you and/or your practice disclosed confidential information of the daughter of your patient without her consent.

That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that during the period September 2018 to 30 April 2023, you and/or your practice disclosed confidential information of the daughter of your patient without her consent.

Penalty
The Professional Conduct Committee found the respondent guilty on all three matters and imposed the following penalty: R60 000 fine; R45 000 is suspended for three years on condition she does not commit a similar offence during the suspension; R15 000 is payable within 12 months.

Mr M.O Mooki (BAA 0882895/230621-003548)
Basic ambulance assistant

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 year 2023, you acted in a manner not in the accordance with the norms and standards of your profession in that you: withheld emergency services and failed to attend to an emergency maternity case; and/or exposed a patient to danger or harm, in that you failed to transport the patient.

Penalty
The respondent was found guilty and fined R50 000 payable immediately, plus two years’ suspension which is wholly suspended for five years on condition he not again found guilty of a similar offence during the suspension.

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