Allied Health Professions Act, 1982 (Act No. 63 of 1982)RegulationsRegulations Relating to Fines which may be imposed by an Inquiring Body against Practitioners found guilty of Unprofessional Conduct in terms of the Allied Health Professions Act, 20252. Fines which may be imposed by an Inquiring Body |
| (1) | An Inquiring Body may impose a fine equal to or failing within the range of the minimum and maximum fines stipulated for each category of unprofessional conduct contained in the table of fines, against a registered person or a person who is legally required to be registered and who has been found guilty of unprofessional conduct after an inquiry held by such Inquiring Body or who has not complied with the CPD requirements after an inquiry. |
| (2) | Fines may be imposed alone or in conjunction with each other or with any other penalty the Inquiring Body may seem appropriate; the fines are payable in respect of one or more charges and may be compounded. |
| (3) | The Council may, annually, by Notice in the Gazette increase the fines which may be imposed provided the increment may not be more than 20%. |
Table of Fines
UNPROFESSIONAL CONDUCT RELATING TO: |
MINIMUM FINE |
MAXIMUM FINE |
Advertising |
R 3,000 |
R 20,000 |
Certificates and Reports |
R 3,500 |
R 12,000 |
Overcharging / Overservicing |
R 2,500 |
R 50,000 |
Practising beyond scope of own profession |
R 5,000 |
R 30,000 |
Maligning the reputation of colleagues |
R 2,500 |
R 12,500 |
Fees and/or Commission |
R 5,000 |
R 70,000 |
Record keeping |
R 3,500 |
R 15,000 |
Financial interest |
R 4,500 |
R 20,000 |
Promote, sell or market a product, device of whatsoever nature |
R 4,500 |
R 20,000 |
Sharing of consultations rooms |
R 3,000 |
R 15,000 |
Practice and/or being associated and/or perceived to be associated with unregistered persons |
R 5,000 |
R 25,000 |
Offering of unapproved education and training |
R 5,000 |
R 30,000 |
Practice names |
R 5,000 |
R 15,000 |
Contract servicing |
R 5,000 |
R 50,000 |
Confidential information |
R 5,000 |
R 20,000 |
Exposing patients to danger and/or harm |
R 5,000 |
R 100,000 |
Providing treatment without patient's or patient's next of kin consent |
R 5,000 |
R 30,000 |
Lack of professional competence |
R 5,000 |
R 100,000 |
Negligence |
R 5,000 |
R 70,000 |
Fraud |
R 10,000 |
R 100,000 |
Giving and/or receiving kickbacks or any benefit of whatsoever nature |
R 10,000 |
R 100,000 |
Engaging in unacceptable relationship |
R 10,000 |
R 70,000 |
Corruption |
R 10,000 |
R 100,000 |
Disrespect patient's privacy and/or dignity |
R 10,000 |
R 20,000 |
Unprofessional conduct not stipulated above |
R 1,000 |
R 100,000 |
NON-COMPLIANCE WITH CPD REQUIREMENTS |
MINIMUM FINE |
MAXIMUM FINE |
< 5 points short for the CPD cycle |
R 2,500 |
R 5,000 |
Between 6 - 10 points short for the CPD cycle |
R 5,000 |
R 8,000 |
Between 11 - 20 points short for the CPD cycle |
R 8,000 |
R 15,000 |
More than 20 points short for the CPD cycle |
R 15,000 |
R 25,000 |