Understanding the Ethical Rules of Conduct for Practitioners Registered under the Health Professions Act, 1974

The Health Professions Council of South Africa (HPCSA) enforces a comprehensive set of Ethical Rules of Conduct under the Health Professions Act 56 of 1974. These rules define the standards of ethical, professional, and lawful behaviour expected of all registered health practitioners, from doctors and dentists to psychologists, physiotherapists, and other regulated professions.

At Barter McKellar, we regularly represent healthcare practitioners before the HPCSA, defending against complaints, guiding professionals through disciplinary inquiries, and advising on compliance to avoid sanctions.

1. Purpose of the Ethical Rules

The Ethical Rules exist to:

• Protect the public and uphold trust in healthcare professions.

• Guide practitioners in professional and ethical decision-making.

• Set clear standards to which all registered health professionals must adhere.

• Provide a legal framework for disciplinary proceedings when misconduct is alleged.

Failure to comply with these rules can result in disciplinary action, including fines, suspension, or removal from the HPCSA register.

2. Key Obligations Under the Ethical Rules

a. Professional Integrity and Patient-First Conduct

Practitioners must act in the best interests of patients at all times, maintaining honesty, competence, and integrity. Any behaviour that risks patient safety, undermines public trust, or brings the profession into disrepute is prohibited.

b. Advertising and Practice Representation

Advertising is allowed, but only if it is truthful, accurate, and does not mislead or cause unwarranted public anxiety. Strict rules govern:

• The naming of a practice.

• Information permitted on professional stationery.

• Prohibitions on canvassing or touting for patients.

c. Patient Care and Confidentiality

Patient confidentiality is a cornerstone of medical ethics. Disclosure of patient information is permitted only:

• With informed patient consent.

• When required by law or a court order.

• Where justified in the public interest.

Informed consent must be obtained before treatment, except in emergencies.

d. Financial and Business Practices

Practitioners may not:

• Accept or pay commissions for patient referrals.

• Engage in fee-sharing without legitimate collaborative arrangements.

• Over-service, under-service, or overcharge patients.
  All fees must be transparent, fair, and market-related.

e. Professional Relationships

Colleagues must be treated with respect. Practitioners may not undermine another’s professional reputation and must make appropriate referrals when a case falls outside their expertise.

f. Conflicts of Interest and Corporate Involvement

Financial interests in hospitals, clinics, or healthcare products must be disclosed to patients. The rules prohibit arrangements that incentivise over-servicing or preferential referrals.

g. Scope of Practice

Practitioners may perform only those acts for which they are qualified, trained, and experienced. Practising outside one’s scope can result in serious disciplinary consequences.

3. How the HPCSA Enforces the Ethical Rules

The HPCSA, through its professional boards, investigates complaints and allegations of unprofessional conduct. Sanctions can include:

• Caution or reprimand.

• Monetary penalties.

• Suspension from practice.

• Permanent removal from the register.

In many cases, the outcome of an inquiry hinges on the practitioner’s understanding of their rights, obligations, and how best to present their case.

4. How Barter McKellar Can Assist

Facing an HPCSA complaint or inquiry is daunting, especially when your professional reputation and career are at stake. Barter McKellar offers:

• Defence representation at all stages of HPCSA disciplinary proceedings.

• Compliance audits to ensure your practice aligns with the Ethical Rules.

• Crisis management for reputational protection during investigations.

• Advisory services on contracts, business structures, and ethical compliance.

Our legal team has successfully defended practitioners across multiple disciplines, from doctors and dentists to psychologists and allied health professionals.

Final Word

The HPCSA Ethical Rules are more than a compliance checklist, they are the professional code that governs how healthcare is practised in South Africa. Understanding and applying these rules is essential for avoiding legal trouble and protecting your licence to practise.

If you are facing an HPCSA complaint, or want to ensure your practice is fully compliant, contact Barter McKellar today for a confidential consultation.