Organisation : HPCSA Health Professions Council of South Africa
Facility Name : Lodge a Complaint
Website : https://www.hpcsa.co.za/?contentId=0&menuSubId=19&actionName=Legal%20and%20Regulatory%20Affairs
How to Lodge a Complaint at HPCSA?
A complaint must be lodged in writing and should be addressed to the Registrar using the following available modes
Related / Similar Facility : HPCSA Certificate of Status to Registered Practitioners
Online Services :
** Completing the complaint form and email to legalmed AT hpcsa.co.za or courier/hand deliver to 553 Madiba Street, Arcadia, Pretoria, 0001 OR Post to: P O Box 205, Pretoria, 001
** Anyone lodging a complaint must ensure that the complaint form is duly signed and a copy of identity document attached.
** In a case where the complainant is not the patient, an affidavit or power of attorney must be attached. In a case where the patient is deceased, a death certificate must be attached as well
Perusal, Analysis and Categorization of a Complaint :
** All complaints received are perused, analyzed and categorized according to their significance and seriousness. Complaints not falling under the jurisdiction of the HPCSA are referred to the relevant authorities.
** These includes complaints against hospitals, medical schemes or other health professionals not registered under the Health Professions Act.
** Complaints of minor transgressions are referred to the Ombudsman for mediation whereas complaints categorized as serious are referred for preliminary investigation.
Mediation by Ombudsman :
** After receiving a complaint for mediation, the Ombudsman may call for further information in any manner he deems appropriate from any person who, in his opinion, may assist in the mediation to resolve the matter and this may include requesting a practitioner to respond to the complaint.
** After receiving the information referred to above, the ombudsman considers the matter and mediate between the parties with a view of making a determination to resolve the matter between the parties.
** After making the determination, the Ombudsman advises the parties of his determination on the matter and require them to indicate whether or not they will abide by the determination.
** If the parties agree to abide by the determination, the ombudsman confirms the determination in writing and the determination becomes binding on both parties as a final resolution of the matter.
** If either party does not agree to abide by the determination, the matter is referred to the registrar for preliminary investigation.
** The information obtained by the ombudsman during mediation is confidential and privileged and, if a matter is referred for preliminary investigation, such information may not be considered by the preliminary committee of inquiry.
Preliminary Investigation
All matters of a serious nature are referred for preliminary investigation. The process of preliminary investigation involves obtaining information from any person including the written response from the person against whom the complaint is lodged who is given fourty (40) days to respond to the complaint.
The complaint, information obtained and the written response (if available) are considered by the preliminary committee of inquiry which may either:
** Instruct the respondent who have not submitted a written response to appear before the committee in person, with or without a legal representative to explain to the committee why he/she failed to respond to the complaint or exercise his/her right to remain silent.
** The respondent may be found guilty of contempt of council if the committee does not accept the reasons given or if the respondent fails to appear before the committee
** Note and accept the explanation given by the respondent, in which case, the respondent is discharged, and the complainant can only appeal such a decision of the committee at the High Court.
** Decide that there are grounds for an inquiry to be held into the matter with or without an option to pay an admission of guilty fine, in which case, the matter is referred for inquiry.
** Decide that there is prima facie evidence of unprofessional conduct, but that does not require an inquiry, in which case, the committee imposes a penalty of either a caution, reprimand or a fine.
HPCSA Professional Conduct Inquiry
A HPCSA professional conduct inquiry process is a lengthy process at it is quasi-judicial in nature. At an inquiry, a practitioner may not be found guilty of unprofessional conduct, in which case the practitioner is discharged, but ter pro-forma complainant may appeal the decision of the committee to the Appeals Committee of Council OR the practitioner may be found guilty, in which case, the committee imposes any of the penalties in section 42(1) of the Act.
HPCSA Hospital Complaint
Is your complaint related to a hospital?
Any person may lodge a complaint with the Office of Health Standards Compliance (OHSC) for breach of any norms or standards by both public and private health establishments.
OHSC Call Centre: 080 911 6472
Email: complaints AT ohsc.org.za
Fax: 086 560 4157