Professionalism The HPCSA Perspective World Environmental Health Day

Professionalism: The HPCSA Perspective World Environmental Health Day Seminar 26 September 2016 PRESENTED BY: MR T BALOYI ACTING SENIOR MANAGER: LEGAL SERVICES

Speech, Language & Hearing Professions Radiography & Clinical Technology Psychology Physiotherapy, Podiatry & Biokinetics Optometry & Dispensing Opticians Occupational Therapy, Medical Orthotics, Prosthetics & Arts Therapy Medical Technology Medical & Dental Environmental Health Practitioners Emergency Care Dietetics & Nutrition Dental Therapy & Oral Hygiene HPCSA Structure HPCSA 32 Members Executive Committee Professional Boards

PUBLIC PROTECTION �Framework for education and training of health professionals �Professional �Disciplinary practice frameworks processes in case of deviation from establishment standards of education and professional practice

GUIDING THE PROFESSIONS �Setting benchmarks for professional standards �Setting �Peer standards for professional practice review processes and international benchmarks

VISION Quality health care standards for all

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction and skilful execution; it represents the wise choice of many alternatives. ” Will Foster

DIFFERENCE BETWEEN LAW AND ETHICS Ø Sometimes law and ethics tend to be entwined and inseparable. But in order to grasp the essential nature of professional ethics, it is necessary to first separate the law on the hand, and ethics on the matter.

WHAT IS LAW? ØA comprehensive set of legal rules that regulate a person’s conduct in a society. Although the precise structure of legal around the world varies, there tend to be a set of common principles.

DIFFERENCE BETWEEN LAW AND ETHICS Ø Usually, we find enough detail in the text of the law to tell us how we should act or how we should not act. Ø Law provides at least some certainty and direction.

WHAT IS ETHICS Ø The voluntary framework of guiding principles which brings order and purpose into what would otherwise be a void between laws and free for all. Ø Moral code or set of principles to guide behavior. To know what is right and not do it is the worst cowardice.

DIFFERENCE BETWEEN LAW AND ETHICS Ø In healthcare, professional ethics and conduct are highly enforceable. Practitioners may be suspended or removed the register, even where there has been no law transgresses but the ethics. Ø It helps to maintain public confidence in healthcare professionals.

WHAT IS THE RELATIONSHIP BETWEEN LAW AND ETHICS? Useful analogy (a wall). Ø The solid bricks represent clearly defined and substantial laws and statutes. Ø Ethics represent the mortar that fills the void between the bricks. Ø They give additional strength to the laws. Ø The weaker the mortar the more likely that the wall will collapse.

PUBLIC PROTECTION Our status as members of this profession brings us many privileges that are not enjoyed by other professionals in other walks of life. If we abuse that privilege, it would be very difficult to regain it.

DUTIES TO YOURSELF Ø Maintain and improve standard of your performance by keeping your professional knowledge and skills up-to-date Ø Acknowledge self-limitations Ø Avoid substance abuse

DUTIES TO SOCIETY Ø Avoid participating in improper financial arrangements Ø Maintain highest standards of honor, trust and dignity of the profession Ø Provide services to the society without regard to class or caste

DUTIES TO YOUR PROFESSION Ø Protect the integrity of the profession Ø Report violations of established protocols Ø Engage in peer review processes for the benefit of advancing your knowledge Ø Report and/or help fellow colleagues who are less than professionals or ethical

STANDARD OF CARE Ø Ethics in our profession does not find expression in ethical rules but through the heart, mind and hands of a practitioner Ø Core ethical values (in line constitution of our country) centre around: Respect for people, human rights, autonomy, integrity, truthfulness, confidentiality, compassion, tolerance, justice and professional competence

CORE ETHICAL VALUES “Always recognize that human individuals are ends, and do not use them as means to your end” Immanuel Kant (1724 -1804)

CORE ETHICAL VALUES Ø Truthfulness − Always be frank and honest, as truth is the basis for trust Ø Confidentiality − Treat personal or private information as confidential except for overriding reasons for moral disclosure

CORE ETHICAL VALUES Ø Compassion − Be sensitive to and empathize with individual social needs for comfort and support Ø Tolerance − Respect other people’s right to have different ethical, cultural or religious beliefs and do not seek to impose your own

CORE ETHICAL VALUES Ø Justice − Treat all individuals and groups in an impartial, fair and just manner Ø Professional − Continually Competence/ Self Improvement keep the level of your knowledge and skills high to meet demands within your area of practice

PROFESSIONALISM IN PERSPECTIVE Ø Maintenance of dignity of profession Ø Avoid quick-fix and rapid rise solutions Ø Do not be pressured into financial commitments beyond your reach Ø Stay on the ethical course all the time Ø If in doubt, check with the HPCSA Ø Keep your registration up-to-date Ø Strive for Excellence!

ETHICAL RULES Professional reputation of a colleague Ø Practitioner should not make statements that cast reflections on the professional reputation or skill of another practitioner Ø This includes practitioners like nurses, pharmacists, etc.

PERFORMANCE OF PROFESSIONAL ACTS Ø There is a requirement that practitioners only perform acts from which they are adequately trained, educated and sufficiently experienced Ø They should adhere to their scope of practice and registration

EXPLOITATION Ø Practitioners be exploited Ø This should not allow themselves to applies mostly in instances where unregistered persons use practitioners to make or maximize profits for their entities

LEGAL CHALLENGES Ø o Ø o Victimization: Friend of a competitor Corruption: Practicing/ carrying out community services without being registered with Council Bogus practitioners: Fraudulently issuing registration certificates to a certain company despite the fire departments concerns to occupy a building which was later engulfed by fire and two people died.

LEGAL CHALLENGES Ø o o Community service: Completing community service without having been registered Fraud: Completing community service while registered as a student Demanding cash from shop owners and also threatening to close down shops if such demands are not met and do not file reports with regard to their inspections.

Ø The accused practitioner may be legally represented at the hearing Ø In the event an accused practitioner is convicted, the Professional Conduct Committee may impose any of the following penalties:

a) b) c) d) e) f) Caution or reprimand Removal of name from the register A prescribed fine Suspension for a specified period A compulsory period of professional service Payment of costs of the proceedings or a restitution

Ø The Pro-Forma Complainant and the accused practitioner may Appeal against any decision (i. e. verdict or penalty) Ø In the event of an appeal, the Council appoints a Committee (Ad hoc Appeal Committee)

Ø The of: Appeal Committee is constituted − Chairperson ( A person with at least 10 years experience in the field of Law, preferably a retired Judge of the High Court) − Two (2) members from the same profession − A member of Council

Ø An Appeal Committee may confirm, vary or set aside a decision of Professional Conduct Committee Ø The decision of the Appeal Committee may be taken on review in the High Court

Thank you! Questions & Discussion