On 6 August 2012 the Health Professions Council of South Africa
(the HPCSA) issued a media release providing a window period to
allow for compliance with the Health Professions Act, No. 56 of
1974 (the Act) and applicable regulations, rules and policy
guidelines.
The HPCSA requires persons (including corporate entities), who are
not registered medical practitioners with the HPCSA (non-registered
persons), and who are employing medical practitioners to provide
medical services to other persons, to unbundle their structures.
Affected persons have been given until February 2013 to do
this.
In terms of the HPCSA's Ethical Rules the employment of
medical practitioners by non-registered persons is not permitted
unless the HPCSA grants the non-registered person approval to
employ medical practitioners. In our experience, it is unlikely
that HPCSA will approve the employment of medical practitioners by
non-registered persons unless under exceptional
circumstances.
The employment of medical practitioners by non-registered persons
without the approval or exemption by the HPCSA, will expose such
medical practitioners to the risk of suspension and/ or
deregistration. It also potentially exposes the non-registered
persons employing de-registered medical practitioners to criminal
and civil liability.
Accordingly, any non-registered person that is employing a medical
practitioner without approval or exemption by the HPCSA is acting
in contravention of the Act, rules, policies and guidelines and
should review its structure.
The media release has far-reaching and costly implications for
those enterprises providing medical services to their employees
and/ or constituencies (including those employing medical
practitioners to provide occupational healthcare services).
Enterprises that may be affected include those involved in managed
healthcare arrangements, preferred provider networks, as well as
companies in the mining, construction and medical schemes
industries.
If you require advice and/ or assistance assessing the
implications of the media release, the Act or the HPCSA's
rules, policies and guidelines for your organisation; or if you
need to restructure your operations pursuant to the requirements of
the HPCSA's rules, policies and guidelines, please contact
Deirdre Venter or Zeenat Dasoo, who are currently advising their
clients on these issues.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
