A doctor practising as a homeopath has been struck from the roll following misleading posts regards COVID and conducting unapproved clinical trials on farm and factory workers. And among MedicalBrief’s regular roundup of findings by the disciplinary committees of the Health Professions Council of SA there is also a psychologist suspended for sending porn to a patient.
Most recent HPCSA findings:
R King
(ANA 0146161/24383526)
Ambulance emergency 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 29 May 2021 on the N3 southbound near Balgowan, in respect of motor vehicle accident patients, you and/or your practice acted in manner that is not in accordance with the norms and standards of your profession in that:
(i) you superseded by portraying yourself as an advanced life support ECP while treating a patient at the accident scene;
(ii) you withheld emergency medical services by refusing to hand over a patient to a practitioner with advanced skills.
Penalty
The Professional Conduct Committee considered this matter and the Respondent was found guilty on Count 1 and not guilty on Count 2 and a fine of R5,000 was imposed, half of which is suspended for a period of two years on condition that he is not found guilty of a similar offence during the period of suspension.
Dr EAW Haw (MP 0199206/23857228)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about the period February 2020 to April 2020, you and/or your practice, contravened Sub-regulation 11 (5) (a) of the regulations relating to COVID-19 by publishing misleading posts about coronavirus.
Count 2
That you are guilty of unprofessional conduct which when regard is had to your profession, is unprofessional in that on or about the year 2020, you and/or your practice issued statements to conduct unapproved clinical trials on farm and factory workers.
Count 3
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about the year 2020, you and or your practice exposed patients to danger and or harm.
Penalty
The Professional Conduct Committee found the respondent guilty on all three counts and imposed the following penalty: Removal from the Register of Medical Practitioners in terms of Section 42 (1) C of the Act.
Dr KJ Matthews (MP 0390887/23238916)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that from October to November 2019, you and/or your practice employed a practitioner while not registered with the HPCSA.
Count 2
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that from October to November 2019, you and/or your practice had put the lives of patients at risk by employing an unregistered person as a locum doctor.
Penalty
The Professional Conduct Committee found the respondent guilty on all counts and imposed the following sentence: R15,000.00 fine payable before September 2022; one-year suspension from practice which is suspended for a period of three years on condition the respondent does not commit a similar offence during the period of suspension.
Mr K Hesloop (PS 0074861/23301428)
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 about December 2019, you acted in a manner that is not in accordance with the norms and standards of your profession in that you: 1. sent inappropriate and pornographic material to a client you assessed.
Penalty
The respondent was found guilty. The sentence is effective for two years’ suspension from practice plus the respondent to attend training on ethics, which should be determined by the Board.
Dr S Sokupa (MP 0362140/35/2010)
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 December 2009 at your practice in East London you or your practice issued a sick certificate to a patient, while (a) you did not examine the patient at all; and/or (b) you had no information from personal observation or otherwise that the patient had been suffering from acute biliary disorder as indicated on the said certificate; and/or (c) the patient visited your practice on a date in December 2009 and not on the said date as indicated on the said certificate; and/or (d) you are not entitled to the amount of R180.00 paid to you in December 2009 as a consultation fee as no service had been rendered by you at all; and/or (e) the said certificate was issued with the sole purpose to defraud any potential employer involved.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following sentence: R40,000.00 fine, payable in R20,000.00 instalments until end of May 2022. Further, three years wholly suspended for three years on condition he is not found guilty of having committed a similar offence during the period of suspension.
Dr MH Kaabaale (MP 0422525/35/2010)
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 December 2009 at your practice, you or your practice issued a sick certificate a patient, while – (a) you did not examine the patient at all; and/or (b) you had no information from personal observation or otherwise that the patient had been suffering from bronchitis / chest pain as indicated on the said certificate; and/or (c) the patient visited you practice on December 2009 and not on the said date, as indicated on the said certificate; and/or (d) you are not entitled to the amount of R150.00 paid to you on December 2009 as a consultation fee as no service had been rendered by you at all; and/or (e) the said certificate was issued with the sole purpose to defraud any potential employer involved
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following sentence: R40,000.00 fine, payable in R20,000.00 instalments until end of May 2022. Further three years wholly suspended for three years on condition he is not found guilty of having committed a similar offence during the period of suspension.
Dr AE Victor (MP0401293/3939708)
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 or about January 2013 or portions thereof, and in respect of your patient, you acted in a manner that is not accordance with the norms and standards of your profession, in that you performed a laparoscopy incision hernia repair:- 1. in an incompetent manner resulting in the perforation of the small bowel; and/or 2. failed and/or negligently to properly manage the condition when complications arose in the post-operative phase; and/or 3. failed to provide a prompt and appropriate post-operative management to a patient with features of operative complications
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct on paragraph three of the charge and imposed the following sentence: R10,000.00 fine, payable at the end of April 2022.
Mr M Gumbi (TT 0013510/23963246)
Dental therapist
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from February 2021 to September 2021 or part/s thereof, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you obstructed Council in the performance of its duties in that you failed and/or neglected to respond to Council correspondence and also failed to attend the scheduled consultation meeting with Committee of Preliminary Inquiry.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period from September 2019 to March 2020 or part/s thereof, you acted in a manner not in accordance with the norms and standard of your profession in that, you practised as a dental therapist while not registered with the HPCSA.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period from September 2019 to December 2020 or part/s thereof, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you practised beyond the scope of your registration by practising unsupervised, while registered with Council under the category of supervised practice.
Count 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 from September 2019 to December 2020 or part/s thereof, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to obtain permission from Dental Board for Dental Assisting Dental Therapy and Oral Hygiene, to have Mr Vilakazi approved as your supervisor.
Count 5
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between September 2019 and December 2020 or part/s thereof, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you practised with an inappropriate endorsement of which such endorsement certificate issued by the National Department of Health sub-directorate foreign workplace management, endorsed you to write HPCSA Board exams, of which did not allow you to seek or take up employment without further endorsement.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct with the following sanction: A fine of R30,000, payable in instalments of R5,000. Plus, three years’ direct suspension from practicing his profession. Further, that during the period of suspension, he must (1) pass board exams, (2) have valid working permit, 93) attend Ethics course, and thereafter, he can apply to HPCSA for re-instatement.
Ms P Mhlongo (PRC 0007838/23095952)
Registered counsellor
Counts 1-28
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period May 2015 to June 2015, you and/or your practice rendered statements of account to a medical aid for professional services rendered while you knew and/or ought to have known that you did not render professional services for more than 12 per day to your patients.
Counts 29-53
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period May 2015 to June 2015, you and/or your practice rendered statements of account to a medical aid for professional services rendered while you knew and/or ought to have known that you did not render professional services for more than 12 per day to your patients.
Penalty
The Professional Conduct Committee found the respondent guilty on all counts and sanctioned as follows: effective suspension from practice for 12 months and same is suspended for three years on condition that the respondent is not found guilty of committing a similar offence during that period.
Mr L Diedricks (PT 0096237/23964420)
Physiotherapist
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during on or about February 2021 or part/s thereof, in respect of your patient,
you acted in a manner that is not in accordance with the norms and standard of your profession in that, you engaged in an inappropriate sexual behaviour towards her (sexual impropriety).
Penalty
The Professional Conduct Committee found the practitioner guilty of unprofessional conduct and sentenced as follows: six months’ suspension, wholly suspended for 12 months on condition that the practitioner is not found guilty of a similar transgression during the period of suspension. The practitioner should attend an HPCSA-approved Ethics course by June 2022 and submit proof of attendance to HPCSA.
Dr M Ntsoane (MP 0607711/23217028)
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 or during the two dates in October 2019, portions thereof and at a hospital in Tzaneen, in respect of your patient, you acted in a manner that is not accordance with the norms and standards of your profession, in that you: 1. provided your patient with insufficient care following postoperative complications: and/or 2. failed to follow up post operatively, and/or 3. poorly communicated with the family or your patient.
Penalty
The Professional Conduct Committee on 29 March 2022 found the respondent guilty of unprofessional conduct on paragraph one (1) of the charge and imposed the following penalty: R50,000.00 payable by end April 2022; and two years’ suspension, which is wholly suspended for three years on condition that the respondent is not found guilty of a similar offence committed during the period of suspension.
See more from MedicalBrief archives:
HPCSA disciplinary committee rulings for the third-quarter of 2021
HPCSA disciplinary committee rulings for October 2021