What does it mean to be a professional? It goes beyond clinical competence. It encompasses how practitioners conduct themselves, interact with patients and colleagues, protect confidential information, maintain professional integrity and uphold the ethical standards of their profession. This edition looks at unprofessional conduct, the types of conduct that may result in a complaint, and what practitioners can expect when a complaint is lodged with the HPCSA. By understanding these standards and processes, practitioners can better safeguard their professional responsibilities and contribute to maintaining public confidence in the health professions.
What constitutes unprofessional conduct?
According to the Health Professions Council of South Africa (HPCSA) under the Health Professions Act, 56 of 1974, unprofessional conduct is broadly defined as any improper, disgraceful, dishonourable, or unworthy behaviour that breaches established ethical, professional, or legal standards of a health profession.
The ethical rules governing registered practitioners outline specific violations that constitute professional misconduct:
- Fraud and Dishonesty: Submitting false or inflated medical aid claims or charging patients for services that were never rendered.
- Clinical Negligence: Incompetence or poor standards in evaluating, diagnosing, treating, or caring for patients.
- Breach of Confidentiality: Revealing private medical or personal information about a patient without proper legal authorisation or consent.
- Improper Relationships: Engaging in a sexual or improper personal relationship with a current patient under one’s care.
- Badmouthing Colleagues: Undermining, criticizing, or casting reflections on the professional reputation, skill, or honesty of another registered practitioner (supersession or professional disrespect).
- False Documentation: Issuing misleading, inaccurate, or false medical certificates, reports, or prescriptions.
- Improper Advertising or Exploitation: Over-servicing patients for financial gain or using unethical advertising to tout for clients
How Can a Complaint Be Lodged
Complaints of unprofessional conduct against practitioners who are registered or who are suspended on the register of Council may be lodged on the online system and clicking on the ‘Complaint Against Practitioner’ link.
Complainants are required to register a profile before a complaint can be lodged. Complaints are advised to provide full details of the registered/suspended practitioner and ensure that comprehensive details of the complaint, including all relevant dates and facts as well as any supporting documents.
What Happens After a Complaint Is Lodged Against a Registered Practitioner?
- Screening And Categorisation: The complaints go through a screening process to establish if the practitioner is registered with HPCSA and whether the complainant has provided comprehensive details relating to the allegations. After screening, a process of perusal, analysis and categorisation takes place. The complaint is registered against the name of the practitioner and referred for either mediation or preliminary investigation depending on the transgression. During categorisation it will be determined whether the transgression is minor or not. Complaints which fall outside the jurisdiction of Council will be referred to relevant entities.
- Mediation: The Chief Mediator will engage with the practitioner and any other party regarding the allegations with a view of resolving the matter. The success of the mediation process is dependent on whether the two parties agree to the determination made by the Chief Mediator. If parties agree, the matter is considered closed however, where parties don’t agree the matter will be referred for preliminary investigation.
- Preliminary Investigation: A notice together with the complaint will be sent to the practitioner to respond to the allegations. The written response must be received within 40 working days. Any other evidential information will be collated by the Investigator. The investigation process takes five (5) months depending on the complexity of the matter. The investigator will table the complaint, any further information and the written response to the Preliminary Committee of Inquiry for consideration. If the practitioner fails to provide the written response, the matter will be tabled before the committee, and the committee will be informed of the failure to respond. In some cases, an onsite investigation will be conducted prior to sending the notice to establish facts.
- Preliminary Inquiry: The Preliminary Committee of inquiry will consider the matter and decide whether there is evidence of unprofessional conduct or not. In a case where there is evidence of unprofessional conduct, the Committee will decide whether the transgression is minor or serious. If a transgression is minor, the Committee will impose a penalty as prescribed and if serious the matter will be referred for an inquiry to be held. In a case where there is no evidence of unprofessional conduct, the Committee will note and accept the explanation, provide reasons for accepting the explanation and the matter will be closed. In terms of the amended Regulations in 2023, the complainant has a right to appeal the decision of the Preliminary Committee of Inquiry to be submitted within 30 days upon receipt of the resolution. The practitioner has a right to appeal the decision of the Committee in terms of section 20 of the Health Professions Act by approaching the appropriate High Court.
- Execution Of Penalties Imposed by the Preliminary Committee of Inquiry: In cases where a penalty has been imposed, a notice of charges will be sent to the practitioner to either accept or reject the charges. The practitioner is afforded 14 days to indicate whether the charges are accepted or rejected. If the practitioner accepts the charges and payment made in a case of a fine the matter will be finalised and closed. If the practitioner rejects the charges or fails to respond within 14 days, the matter will be referred for an inquiry to be held.
- What Should Practitioners Remember? Professional conduct is an ongoing responsibility. Practitioners are encouraged to familiarise themselves with the ethical rules applicable to their profession, maintain appropriate professional boundaries, protect patient confidentiality, ensure that their documentation is accurate and uphold the dignity and integrity of the profession.
Understanding the complaints management process is equally important. A complaint does not mean that a practitioner has been found guilty of unprofessional conduct. Complaints are considered through the applicable processes, which provide opportunities for investigation, response and, where appropriate, further inquiry
Last Updated on 31 August 2026 by HPCSA Corporate Affairs