Powers of the Registrar of the Health Professions Council to institute investigations under the Health Professions Act 56 of 1974

Abstract

The Health Professions Council of South Africa (the HPCSA) is a statutory body established in terms of section 2 of the Health Professions Act 56 of 1974 (hereafter "the Act"). One of the objects of the HPCSA is "to ensure the investigation of complaints concerning persons registered in terms of the Act and to ensure that appropriate disciplinary action is taken against such persons in accordance with the Act" (s 3(n)). The powers to institute an inquiry into a complaint, charge or allegation of unprofessional conduct against registered practitioners are vested with the professional boards established in terms of section 15 of the Act (s 41(1) of the Act). The procedure to be followed by the professional board in instituting an inquiry is prescribed in the Regulations Relating to the Conduct of Inquiries into Alleged Unprofessional Conduct Under the Health Professions Act, 1974 (GNR102 in GG31859 of 6 February 2009, hereafter "the Regulations").